law, an assistant chief, to be appointed by the Secretary of Commerce and Labor, who shall receive an annual compensation of two thousand four hundred dollars; one private secretary to the chief of the bureau, who shall receive an annual compensation of one thousand five hundred dollars; one statistical expert, at two thousand dollars; two clerks of class four; two clerks of class three; one clerk of class two; one clerk of class one; one clerk, at one thousand dollars; one copyist, at nine hundred dollars; one special agent, at one thousand four hundred dollars; one special agent, at one thousand two hundred dollars, and one messenger at eight hundred and forty dollars. (37 Stat. 80.) See notes to section 1 of this act, ante, § 964. Appropriations for the Bureau are made in the annual legislative, executive, and judicial appropriation acts. The provisions for the fiscal year 1914 were by Act March 4, 1913, c. 142, § 1, 37 Stat. 788. § 967. (Act April 9, 1912, c. 73, § 4.) Quarters for work of Bureau. The Secretary of Commerce and Labor is hereby directed to furnish sufficient quarters for the work of this bureau at an annual rental not to exceed two thousand dollars. (37 Stat. 80.) See notes to section 1 of this act, ante, § 964. (397) THE JUDICIAL CODE The Judicial Code was enacted by Act March 3, 1911, c. 231, 36 Stat. 1087, entitled, "An act to codify, revise, and amend the laws relating to the judiciary," the enacting clause of which was as follows: "Be it enacted," etc., "That the laws relating to the judiciary be, and they hereby are, codified, revised, and amended, with title, chapters, headnotes, and sections, entitled, numbered, and to read as follows:" Said act took effect Jan. 1, 1912, by section 301 thereof, post, § 1278. This Title of this compilation includes, besides said Judicial Code and the specific amendments thereof incorporated in the several sections, etc., amended, all subsequent provisions relating to subjects embraced in the Code, each such provision inserted in connection with the provisions of the Code of the same nature. Many sections of Title XIII of the Revised Statutes, "The Judiciary," and subsequent acts and parts of acts relating to the subjects thereof, were incorporated in the Judicial Code and repealed or superseded thereby. Such repeals, etc., are indicated specifically, post, under the several chapters of said Title XIII affected thereby. Acts and parts of acts subsequent to the Revised Statutes relating to subjects included in Title XIII thereof but not within the scope of the Judicial Code, which remain in force, are set forth, post, under the several chapters of said Title XIII. 5. District Courts-Districts, and Provisions Applicable to Particular States 1051 § 968. (Jud. Code, § 1.) District courts established; appointment and residence of judges. In each of the districts described in chapter five, there shall be a court called a district court, for which there shall be appointed one judge, to be called a district judge; except that in the northern district of California, the northern district of Illinois, the district of Maryland, the district of Minnesota, the district of Nebraska, the district of New Jersey, the eastern district of New York, the northern and southern districts of Ohio, the district of Oregon, the eastern and western districts of Pennsylvania, and the western district of Washington, there shall be an additional district judge in each, and in the southern district of New York, three additional district judges: Provided, That whenever a vacancy shall occur in the office of the district judge for the district of Maryland, senior in commission, such vacancy shall not be filled, and thereafter there shall be but one district judge in said district: Provided further, That there shall be one judge for the eastern and western districts of South Carolina, one judge for the eastern and middle districts of Tennessee, and one judge for the northern and southern districts of Mississippi: Provided further, That the district judge for the middle district of Alabama shall continue as heretofore to be a district judge for the northern district thereof. Every district judge shall reside in the district or one of the districts for which he is appointed, and for offending against this provision shall be deemed guilty of a high misdemeanor. R. S. §§ 551, 552. Act Aug. 2, 1886, c. 842, 24 Stat. 213. Act Dec. 19, 1900, c. 3, 31 Stat. 726. Act Feb. 4, 1903, c. 402, 32 Stat. 795. Act Feb. 9, 1903, c. 527, 32 Stat. 805. Act April 1, 1904, c. 857, 33 Stat. 155. Act March 3, 1905, c. 1418, 33 Stat. 987. Act March 3, 1905, c. 1427, § 2, 33 Stat. 993. Act May 26, 1906, c. 2557, 34 Stat. 202. Act Feb. 25, 1907, c. 1189, 34 Stat. 928. Act Feb. 25, 1907, c. 1198, 34 Stat. 931. Act Feb. 27, 1907, c. 2073, 34 Stat. 997. Act March 2, 1907, c. 2575, 34 Stat. 1253. Act Feb. 26, 1909, c. 215, 35 Stat. 656. Act March 2, 1909, c. 242, 35 Stat. 685. Act March 2, 1909, c. 243, 35 Stat. 686. Act Feb. 24, 1910, c. 56, 36 Stat. 201. Act Feb. 24, 1910, c. 57, 36 Stat. 202. Act June 25, 1910, c. 410, 36 Stat. 838. Act March 3, 1911, c. 231, § 1, 36 Stat. 1087. § 969. (Jud. Code, § 2.) Salaries of district judges. Each of the district judges shall receive a salary of six thousand dollars a year, to be paid in monthly installments. Act Feb. 12, 1903, c. 547, 32 Stat. 825. Act March 3, 1911, c. 231, § 2, 36 Stat. 1087. Traveling expenses, etc., of circuit justices and circuit and district judges were provided for by Jud. Code, § 259, post, § 1236. § 970. (Jud. Code, § 3.) Clerks. A clerk shall be appointed for each district court by the judge thereof, except in cases otherwise provided for by law. R. S. § 555. Act March 3, 1911, c. 231, § 3, 36 Stat. 1087. § 971. (Jud. Code, § 4.) Deputy clerks. Except as otherwise specially provided by law, the clerk of the district court for each district may, with the approval of the district judge thereof, appoint such number of deputy clerks as may be deemed necessary by such judge, who may be designated to reside and maintain offices at such places of holding court as the judge may determine. Such deputies may be removed at the pleasure of the clerk appointing them, with the concurrence of the district judge. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office and perform the duties of the clerk, in his name, until a clerk is appointed and qualified; and for the default or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk and his estate and the sureties on his official bond shall be liable; and his executor or administrator shall have such remedy for any such default or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime. R. S. § 588. Act March 3, 1911, c. 231, § 4, 36 Stat. 1087. § 972. (Jud. Code, § 5.) Criers and bailiffs. The district court for each district may appoint a crier for the court; and the marshal may appoint such number of persons, not exceeding five, as the judge may determine, to wait upon the grand and other juries, and for other necessary purposes. R. S. § 715. Act March 3, 1911, c. 231, § 5, 36 Stat. 1088. Appropriations for pay of bailiffs and criers are made in the annual sundry civil appropriation acts. The provision for the fiscal year 1914 was by Act June 23, 1913, c. 3, § 1, 38 Stat. 54. § 973. (Jud. Code, § 6.) Records; where kept. The records of a district court shall be kept at the place where the court is held. When it is held at more than one place in any district and the place of keeping the records is not specially provided by law, they shall be kept at either of the places of holding the court which may be designated by the district judge. R. S. § 562. Act March 3, 1911, c. 231, § 6, 36 Stat. 1088. § 974. (Jud. Code, § 7.) Effect of altering terms. No action, suit, proceeding, or process in any district court shall abate or be rendered invalid by reason of any act changing the time of holding such court, but the same shall be deemed to be return able to, pending, and triable in the terms established next after the return day thereof. R. S. § 573. Act March 3, 1911, c. 231, § 7, 36 Stat. 1088. § 975. (Jud. Code, § 8.) Trials not discontinued by new term. When the trial or hearing of any cause, civil or criminal, in a district court has been commenced and is in progress before a jury or the court, it shall not be stayed or discontinued by the arrival of the time fixed by law for another session of said court; but the court may proceed therein and bring it to a conclusion in the same manner and with the same effect as if another stated term of the court had not intervened. R. S. § 746. Act March 3, 1911, c. 231, § 8, 36 Stat. 1088. § 976. (Jud. Code, § 9.) Courts always open as courts of admiralty and equity. The district courts, as courts of admiralty and as courts of equity, shall be deemed always open for the purpose of filing any pleading, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, rules, and other proceedings preparatory to the hearing, upon their merits, of all causes pending therein. Any district judge may, upon reasonable. notice to the parties, make, direct, and award, at chambers or in the clerk's office, and in vacation as well as in term, all such process, commissions, orders, rules, and other proceedings, whenever the same are not grantable of course, according to the rules and practice of the court. R. S. § 574. Act March 3, 1911, c. 231, § 9, 36 Stat. 1088. § 977. (Jud. Code, § 10.) Monthly adjournments for trial of criminal causes. District courts shall hold monthly adjournments of their regular terms, for the trial of criminal causes, when their business requires it to be done, in order to prevent undue expenses and delays in such cases. R. S. § 578. Act March 3, 1911, c. 231, § 10, 36 Stat. 1088. § 978. (Jud. Code, § 11.) Special terms. A special term of any district court may be held at the same place where any regular term is held, or at such other place in the district as the nature of the business may require, and at such time and upon such notice as may be ordered by the district judge. Any business may be transacted at such special term which might be transacted at a regular term. R. S. § 581. Act March 3, 1911, c. 231, § 11, 36 Stat. 1088. § 979. (Jud. Code, § 12.) Adjournment in case of nonattendance of judge. If the judge of any district court is unable to attend at the commencement of any regular, adjourned, or special term, or any time during such term, the court may be adjourned by the marshal, or clerk, by virtue of a written order directed to him by the judge, to the next regular term, or to any earlier day, as the order may direct. R. S. § 583. Act March 3, 1911, c. 231, § 12, 36 Stat. 1088. (401) |