United States Statutes at Large/Volume 2/12th Congress/1st Session/Chapter 71
Chap. LXXI.—An Act authorizing the appointment of an additional Judge of the District Court, for the district of New York.
Act of April 9, 1814, ch. 49.
Act of March 3, 1815, ch. 94.
District court to consist of two judges.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the district court in the New York district shall consist of two judges, to wit, of the present judge of said district so long as he shall continue in office, and such other district judge or judges, as may from time to time be appointed, who shall reside in said district, and severally exercise like powers, as may be exercised by the present judge of said district, and receive the same compensation whereto he is entitled.
Senior judge’s opinion to be the judgment of the court.
One judge may constitute the court, either, in the absence of the other, to assist in forming the circuit court.Sec. 2. And be it further enacted, That the senior judge of the district, when present, shall preside in said district court, and whenever the judges shall differ in opinion in any cause, the order or judgment of court in every such case, shall be made and rendered in conformity with the opinion of the presiding judge. And the said court may be held, and the business thereof proceeded with, by one judge in the absence of the other. And the senior judge of the district for the time being, is hereby designated, and is to be deemed the district judge, who, together with one of the justices of the supreme court, is to compose the circuit court of the United States in said district; but in the absence of said senior judge from said court, his place may be supplied by the other judge of the district.
Sec. 3. And be it further enacted, Times and places of holding the district court at Utica, Geneva and Salem.
A clerk to be appointed to reside at Utica.
Act of Feb. 28, 1799, ch. 19.That there shall be held annually four additional sessions of the district court for the district of New York, to wit: at Utica, on the first Tuesday of April and October; at Geneva, on the third Tuesday of September; and at Salem on the third Tuesday of October. A clerk shall be appointed by the district judges of said district, who shall reside at Utica, and attend said court at the places aforesaid, and do all the duties of said office of clerk, which may accrue at or from the sessions of the court at said places, both in and out of court, and be allowed the same fees and compensation as by law is allowed to clerks of the district courts. The said judges may allot themselves as they shall think fit for the purpose of their holding separately the several stated and special courts to be held by virtue of this or any other act for the district of New York.
Approved, April 29, 1812.