Page images
PDF
EPUB

court outside of their districts are made by the sundry civil appropriation acts, that for the fiscal year ending June 30, 1904, being as follows:

"Reasonable expenses for travel and attendance of district judges directed to hold court outside of their districts, not to exceed ten dollars per day each, to be paid on written certificates of the judges, and such payments shall be allowed the marshal in the settlement of his accounts with the United States;" Act March 3, 1903, c. 1007, § 1, 32 Stat. 1141.

CHAPTER SIX.

Circuit Courts-Organization.
Sec. 607.
Circuit judges.

The appointment of an additional circuit judge in the second circuit is provided for by Act April 17, 1902, c. 530, and in the eighth circuit by Act Jan. 31, 1903, c. 345, set forth below. By these appointments, the number of circuit judges in each of these circuits is increased to four.

The salaries of the circuit judges are $7,000 a year, by a provision of Act Feb. 12, 1903, c. 547, set forth post, under chapter 12 of this Title.

ACT APRIL 17, 1902, c. 530.
An Act Providing for an Additional Circuit Judge in the Second

Judicial Circuit. (32 Stat. 106.)
Additional circuit judge for second circuit.

Be it enacted, &c., That there shall be in the second circuit an additional circuit judge, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall possess the same qualifications and shall have the same powers and jurisdiction now prescribed by law in respect to the present circuit judges.

Act April 17, 1902, c. 530, 32 Stat. 106.

ACT JAN. 31, 1903, c. 345.
An Act Providing for an Additional Circuit Judge in the Eighth

Judicial Circuit. (32 Stat. 791.)
Additional circuit judge for eighth circuit.

Be it enacted, &c., That there shall be in the eighth circuit an additional circuit judge, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall possess the qualifications, and shall have the powers and jurisdiction and receive the compensation prescribed by law in respect to other circuit judges.

Act Jan. 31, 1903, c. 343, 32 Stat. 791.

Sec. 619.
Clerks.

The statutes establishing new judicial districts or divisions in districts contain provisions for the appointment of clerks and deputy clerks of the circuit courts as well as of the district courts for such districts and divisions, their powers, duties, compensation, etc., inseparably connected with the provisions relating to the districts or the divisions therein. Such statutes relating to particular districts, therefore, are set forth in full in chapter 1 of this Title, under the names of the states in alphabetical order.

Sec. 621.
Clerks in North Carolina.

Besides the clerk of the court for the eastern district of North Carolina held at Raleigh, an additional clerk of both the district and circuit courts held at Wilmington is provided for by an amendment of Act June 4, 1872, c. 282, 17 Stat. 215, by Act April 15, 1902, c. 508, set forth ante, under chapter 1 of this Title.

Sec. 624.
Deputy clerks.

See note under Rev. St. § 619, above, as to special provisions for appointment of deputy clerks, contained in statutes establishing new districts or subdividing districts into divisions.

The appointment, in the western district of Virginia, of two deputy clerks, of both the circuit and district courts, one at Charlottesville, the other at Roanoke, is provided for by Act June 30, 1902, c. 1339, § 2, set forth ante, under chapter 1 of this Title.

CHAPTER SEVEN.

Circuit Courts-Jurisdiction.

Sec. 629.
Jurisdiction.

Jurisdiction of certain crimes committed within the limits of any Indian reservation in the State of South Dakota is conferred on the circuit and district courts for the district of South Dakota by Act Feb. 2, 1903, C, 351, set forth post, under Title LXX, “Crimes," c. 3.

CHAPTER EIGHT.

Circuit Courts-Sessions.

Sec. 658.

Terms.

The statutes establishing new judicial districts or subdividing districts into divisions contain further provisions appointing terms of the courts, circuit courts as well as district courts, to be held in the particular districts or divisions. These provisions usually are connected inseparably with those establishing and dividing the various districts, and the terms of both district courts and circuit courts are appointed nearly every instance to be held at the same times and places. They are set forth, therefore, with the other provisions of the same statutes, in chapter 1 of this Title, under the names of the states in alphabetical order. References to such provisions are inserted here under the names of such states, respectively.

The times for the terms of the circuit courts in the first circuit are changed by Act May 14, 1902, c. 790, set forth below.

Alabama.

The times for the terms of the courts for the middle district and the northern division of the northern district of Alabama are changed by Act Feb. 9, 1903, c. 533, set forth ante, under chapter 1 of this Title. And on the division of the northern district into three divisions, by Act Feb. 16, 1903, c. 554, additional terms of the courts in the eastern division of that district at Anniston are appointed by section 1 of that act, also set forth ante, under chapter 1 of this Title, by amendment of Act May

2, 1884, c. 38, $ 2. Arkansas.

On the establishment of the Harrison division in the western district of Arkansas, by Act March 18, 1902, c. 222, terms of the courts in that division are appointed by section 4 of that act, set forth ante, under chapter 1 of this Title. And the times for the terms in the eastern division of the eastern district are changed by Act Feb. 3, 1903, c. 400, also set

forth ante, under chapter 1 of this Title. Georgia.

On the establishment of the southwestern division in the southern district of Georgia, by Act June 30, 1902, c. 1338, terms of the courts in that division at Valdosta are appointed by section 2 of that act, set forth

ante, under chapter 1 of this Title. Kansas.

Additional terms of the courts in the first division of the district of Kansas at Kansas City, Kan., are appointed by Act Feb. 19, 1903, c. 709,

set forth ante, under chapter 1 of this Title. Kentucky.

Additional terms of the courts for the eastern district of Kentucky at Catlettsburg are appointed by an amendment of Act Feb. 12, 1901, c. 355, $ 9, by Act March 10, 1902, c. 144, set forth ante, under chapter 1

of this Title. Maine.

The times fixed by this section for the terms of the circuit court for the district of Maine are changed by a provision of Act May 14, 1902, c.

790, set forth below. Massachusetts.

The times fixed by this section for the terms of the circuit court for the district of Massachusetts are changed by a provision of Act May 14,

1902, c. 790, set forth below. New Hampshire.

The times fixed by this section for the terms of the circuit court for the trict of New Hampshi are changed by a provision of Act May

14, 1902, c. 790, set forth below. North Carolina.

Additional terms of the courts for the western district of North Carolina at Wilkesboro are appointed by Act Feb. 23, 1903, c. 749, § 1, set

forth ante, under chapter 1 of this Title. Pennsylvania.

The times for the terms of the circuit and district courts for the middle district of Pennsylvania, appointed by Act March 2, 1901, c. 801, § 2, Comp. St. 1901, p. 406, are changed by Act June 30, 1902, c. 1335, set forth under chapter 1 of this Title.

Rhode Island.

The time fixed by this section for the June term of the circuit court for the district of Rhode Island is changed by a provision of Act May 14, 1902, c. 790, set forth below.

Texas.

All previous provisions relating to terms of the courts for the dis: tricts of Texas are superseded by those of Act March 11, 1902, c. 183, which divides the state into four judicial districts, the northern, the eastern, the southern, and the western districts, instead of the three districts previously existing, and appoints terms of the courts in each district, by sections 11-14 of the act, set forth ante, under chapter 1 of this Title. The times fixed by section 14 of that act for terms in the western district are changed by an amendment of the section by Act Jan. 30, 1903, c. 337, 32 Stat. 785, which is incorporated into that section as set forth under chapter 1. And on the establishment of an additional division in the eastern district by Act March 2, 1903, c. 974, terms of the courts in that division at Texarkana are appointed by section 2 of that act, also set forth ante, under chapter 1 of this Title.

Virginia.

The previous provisions for terms of the courts for the western district are re-enacted and additional terms at Charlottesville and at Roanoke City are appointed by Act June 30, 1902, c. 1339, § 1, and Act Feb. 3,

1903, c. 398, § 1, set forth ante, under chapter 1 of this Title. West Virginia.

The times fixed by Act Jan, 22, 1901, c. 105, § 9, Comp. St. 1901, p. 442, for terms of the courts for the southern district of West Virginia, are changed by an amendment of that act by Act June 4, 1902, c. 989, set forth ante, under chapter 1 of this Title.

ACT MAY 14, 1902, c. 790.
An Act to Change the Terms of the Circuit Courts of the United

States within the First Circuit. (32 Stat. 199.)
Maine, New Hampshire, Massachusetts, and Rhode Island; times for

terms of circuit courts. Be it enacted, &c., That the regular terms of the circuit courts within the first circuit hereinafter named, which commence after the first day of January, nineteen hundred and three, shall be held at the places now provided by law, but instead of the times at which the same now commence they shall be changed to commence as follows: In the district of Maine the April terin shall be changed from the twenty-third day of April to commence on the third Tuesday of April, and the September term from the twenty-third day of September to commence on the third Tuesday of September.

In the district of New Hampshire the May term shall be changed from the eighth day of May to commence on the first Tuesday of May, and the October term from the eighth day of October to commence on the second Tuesday of December.

In the district of Massachusetts the May term shall be changed from the fifteenth day of May to commence on the last Tuesday of

and the October term from the fifteenth day of October to commence on the third Tuesday of October.

In the district of Rhode Island the June term shall be changed from the fifteenth day of June to commence on the fourth Tuesday of May.

Act May 14, 1902, c. 790, 32 Stat. 199.

February,

[CHAPTER EIGHT A.]

[Circuit Courts of Appeals.]

ACT MARCH 3, 1891, c. 517, $ 3.
Courts, by whom to be held; terms.

Besides the terms appointed by this section, additional terms of the circuit courts of appeals for the fifth circuit and for the eighth circuit are appointed or authorized by amendments of this act by various statutes, set forth below.

ACT JUNE 9, 1902, c. 1071.
An Act Providing that the Circuit Court of Appeals of the Eighth

Judicial Circuit of the United States Shall Hold at Least One
Term of Said Court Annually in the City of Denver, in the State
of Colorado, or in the City of Cheyenne, in the State of Wyo-
ming, on the First Monday in September in Each Year, and at the
City of Saint Paul, in the State of Minnesota, on the First Mon-

day in May in Each Year. (32 Stat. 329.) Additional terms of court for eighth circuit.

Be it enacted, &c., That the circuit court of appeals of the eighth judicial circuit of the United States is hereby authorized and required to hold one term of said court annually in the city of Denver, in the State of Colorado, or in the city of Cheyenne, in the State of Wyoming, on the first Monday in September in each year, and is hereby authorized and required to hold one term of said court annually in the city of Saint Paul and State of Minnesota on the first Monday in May of each year.

Act June 9, 1902, c. 1071, § 1, 32 Stat. 329.
This provision is not to prevent the court from holding other terms,

by section 3 of the act, set forth below. Place of hearing appeals, writs of error, etc.

Sec. 2. That all appeals, writs of error, and other appellate proceedings which may be taken or prosecuted from the circuit or district courts of the United States in the States of Colorado, Utah, and Wyoming, and the supreme court of the Territory of New Mexico, to the court of appeals of the eighth judicial circuit, shall be heard and disposed of by the said court of appeals at the term thereof hereinbefore provided for so to be held either at the city of Denver, in the State of Colorado, or at the city of Cheyenne, in the State of Wyoming, except that any case arising from said States and Territory may, by consent of all the parties thereto, be heard and decided at a term of said court other than the one to be held in the city of Denver, in the State of Colorado, or in the city of Cheyenne, in the State of Wyoming

Act Junc 9, 1902, c. 1071, $ 2, 32 Stat. 329. Other terms authorized.

Sec. 3. That this Act shall not operate to prevent the said court from holding other terms in the aforesaid places or in such other

« PreviousContinue »