Page:United States Statutes at Large Volume 18 Part 1.djvu/180

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108 ’1‘rrLu xm.—THE JUDICIARY.—Ch. 6. 7 Feb-, 1873, ¤· York, or any one of said three judges; and at every such term held by 12°·“·2·'·17·P·*22· said judge of said eastern district he shall receive the sum of three hundred dollars, the same to be paid in the manner now (prescribed by law for the payment of the expenses of another district judge while holding court in said district. _ Whendistfiqt Sec. 614. A district judge sitting in a circuit court shall not give a {_‘;g€$:”0,“;"Y Q L'; vote in any.case of appeal or error from his own decision, but may ,,,.,0,. m Ugg: 0,,.,, assign the reasons for such decision: Provided, That such a cause may. decisions. by consent of parties, be heard and disposed of by him when holding a »————— — circuit court sitting alone. When he holds a circuit court with either of 2,34 S;`*P*·»}789;,;- the other judges, the judgment or decree in such cases shall be rendered 2S2A,;,?, {Stk, cc in conformity with the opinion of the presiding justice or judge. 31, e. 5, v. 2, p.158. 2 Mar., 1867, c. 185, s. 2, v. 14, p. 545.-Bingham wr. Cabot, 3 Dall., 19. when $111*8 Sec. 615. When it appears in any civil suit in any circuit court that m“si?‘T°?l f""" all of the judges thereof who are com etent b * law to tr said case are one ciruut to an- . . . ge -l y . ,,tj,e,_ in any way interested therein, or have en of counsel for either part , qF5E_- orare so related or connected with either party as to render it, in tlie 36, s_ 8, ,j*_, _ lz I opinion of the court improper for them to sit in such trial, it shall be 3 M,,;_,$1§6;2 the duty of the court, on the application of either party, to cause the fact 93, s. 2,v. 12, p.768. to be qlnterep on Ehe records, and to make an order that an authenticated `§` ._ I `_ co y thereo wit all theproceedings in the case shall be forthwith cer- |ey,p§8cj§;i,·_,';g45; tiliizd to the most convenient circuit court in thelnext ad`oining State or Supegvisorsr. Rog- in the next adjoining circuit; and said court shall, upon the tilin of such gizhérdvxjla reciogd and orde; with its clirk, take cognizance of and proceed to hear ,0,,, 1 CML Cn an etermme the case, in the same manner as if it had been rightfully 25q,S,,wy,,,,._(;,,k. and originally commenced therein; and the roper process for the due man,11B1atch.,65. execution of the jud ment or decree rendered) in the cause shall run into and may be executedg in the district where such `udgment or decree was I rendered, and also_into the district from_which_the cause was removed. Cause certified Sue. 61o._ '1`he circuit justice, or the circuit judge of any circuit, may l’E;______, order any civil cause, which is certified into any court of the circuit under 933slg“;·a;$)°3,6§· the provisions of the preceding section, to be certified back to the court gg`!;,,,," {832, CQ whence it came; and then the atter shall proceed therein as if the cause 86,s.g,v.l5, p. lgead not beenfcertjltied from it: Provided, hat if, for any reason, it shall 10 pri ,186 .c. im roper or the judges of such court to try the cause so certified ba k

 it shall be tigedu by some other judge holding such court, pursuant to tché

R rs,,`,,,},,'.,,; provisions o the next section. Justices mayhold Sac:. 617. _Vj’henever a circuit justice deems it advisable. on account gggrgjwzgfrgghgzprr- ofupis tdgability or absencp, or of this having been of counsel, or being _w_ ____; in res in any case pen ing in the circuit court for any district in his 2 Mar., 1863, c. circuit, or of the accumulation of business therein, or for any other cause, 93, s-1.~·-12,p768- thatésaid court ihgl be ljeld by the jqfice of any otlgeppiiipuit, he may. in S,,pe,.,.,S0,.B ,._ wri ing, reques e jus ice 0 any 0 er circuit to o the same, durin Rogers,7Wa11.,1'/5. a time to be named in the request; and such re nest shall be e bead s upon the journal of the circuit court so to be bolded. Thereupon it sliall be lawful for the_justice so requested to hold such court, and to exercise within and for said district, during the time named in said request, all wh _ of thxé pow;;; owpe justice of such circuit. _ en n<>1u ipe nc. . enever. bv reason of death or resignation no justice is ‘:J§l°“*°d *’° “ c"' allotted to a circuit. the Chief J ustice of the Supreme Couiit may make a ..___... request as prov1dedin the preceding section, w ich shall have effect in ”6%V1;r;,1g,c,gg, like manner until a justice is allotted to such circuit. _ Clerks. 619. A clerk shall be appointed for each circuit court by the cir- },} Sgptfjiggz cuit judge of the circuit, except in cases otherwise provided for by law. $,0,1;;*,7, v;;21,hp,‘Z6i87·;0pAp(riil, g8§9,)ci§2,,s.1g5v. 16, p. 45. 020 June, 1874, c. 328, 1~. 18, tugletks in Ken- Sec. 620. In the district of Kentucky, a clerk of the circuit court shall ___; _, _~ be appointed at each place of holding the court, in the same manner and ,5 May, ,862, C- subject to the sameduties and responsibilities which are or may be pl‘0- 71, ,._%2_,g8387_ vided for clerks in independent districts. 1 pri ,1 9, c· 22, s. 3, v. 16, p. 45.