United States Statutes at Large/Volume 3/16th Congress/2nd Session/Chapter 51

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March 3, 1821.
Chap. LI.—An Act to amend an act, entitled “An act for regulating process in the courts of the United States.”[1]

Act of May 8, 1792, ch. 36, vol. i. 275.
In suits in a district court, where the judge may be interested, &c. he must enter the fact on record, &c.
Proceedings to be certified to the next circuit court, &c.
Circuit court to take cognisance and proceed, &c.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all suits and actions in any district court of the United States, in which it shall appear that the judge of such court is any ways concerned in interest, or has been of counsel for either party, or is so related to, or connected with, either party, as to render it improper for him, in his opinion, to sit on the trial of such suit or action, it shall be the duty of such judge, on application of either party, to cause the fact to be entered on the records of the court; and, also, an order that an authenticated copy thereof, with all the proceedings in such suit or action, shall be forthwith certified to the next circuit court of the district; and if there be no circuit court in such district, to the next circuit court in the state; and if there be no circuit court in such state, to the most convenient circuit court in an adjacent state; which circuit court shall, upon such record being filed with the clerk thereof, take cognisance thereof, in the like manner as if such suit or action had been originally commenced in that court, and shall proceed to hear and determine the same accordingly; and the jurisdiction of such circuit court shall extend to all such cases so removed, as were cognisable in the district court from which the same was removed.

Approved, March 3, 1821.

  1. See notes to act of Sept. 29, 1789, vol. i. 93, and notes to act of May 8, 1792, vol. i. 275.