ters relating thereto, to the district court next to be held in that district; and the same proceedings shall then be had in the district court as would have been had if such suits had originated or been continued therein. (Rev. Stats. sec. 588. See Ex parte U. S., 1 Gall. 338.)

§ 138. Powers of district judge vested, during disability, in circuit judge.—In the case provided in the two preceding sections the circuit judge, and in his absence the circuit justice, shall have and exercise, during such disability, all the powers of every kind vested by law in such district judge. But this provision does not require them to hold any special court, or court of admiralty, at any other time than that fixed by law for holding the circuit court in said district. (Rev. Stats. sec. 589.)

In case of the disqualification of the district judge the duties are to be performed by a justice allotted to the circuit, and by the second section of the act of April 10, 1869 (16 U. S. Stats. 44), the same power is conferred on a circuit judge. (Wallace v. Loomis, 97 U. S. 146.)

§ 139.

Orders in admiralty-Clerk.— When the business of a district court is certified into the circuit court on account of the disability of the district judge, the district clerk shall be authorized, by order of the circuit judge, or, in his absence, of the circuit justice within whose circuit such district is included, to take, during such disability, all examinations and depositions of witnesses, and make all necesary rules and orders, preparatory to the final hearing of all causes of admiralty and maritime jurisdiction. (Rev. Stats. sec. 590; 18 U. S. Stats. 317.)

§ 140. District judge designated.— When any district judge is prevented, by any disability, from holding any stated or appointed term of his district court, or of the circuit court in his district, in the absence of the other judges, and that fact is made to appear by the certificate of the clerk, under the seal of the court, to the circuit judge, or, in his absence, to the circuit justice of the circuit in which the district lies, such circuit judge or justice may, if in his judgment the public interests so require, designate and appoint the judge of any other district in the same circuit to hold said courts, and to discharge all the judicial duties of the judge so disabled, during such disability. Such appointment shall be filea in the clerk's office, and entered on the minutes of the said district court, and a certified copy thereof, under the seal of the court, shall be transmitted by the district clerk to the judge so designated and appointed. (Rev. Stats.

sec. 591.)

Note. The appointment of the judge so designated should be filed in the office of the clerk of the district court, but the provision of the statute being directory only, a failure to file as directed does not invalidate the appointment. (National Home etc. v. Butler, Cir. Ct. Mass., 33 Fed. Rep. 374.) The power to designate a district judge to hold court in case of disability under this section, as it originally existed in the Act of July 29, 1850 (9 Stats. 442), did not extend to the case of a vacancy. (9 Ops. Atty. Gen. 131; Ball v. United States, 140 U. S. 118.) The acts of a judge de facto are not open to collateral attack. (Norton v. Shelby Co., 118 U. S. 425, 30 L. ed. 178; Manning v. Weeks, 139 U. S. 504, 35 L. ed. 264; Clark v. Com., 29 Pa. 129; Fowler v. Bebee, 9 Mass. 231; Com. v. Taber, 123 Mass. 253; State v. Carroll, 38 Conn. 449; Keith v. State, 49 Ark. 439; People v. Bangs, 24 Ill. 184; Ball v. United States, 140 U. S. 118.)

§ 141. Designation of judge in case of accumulation of business.—When, from the accumulation or urgency of business in any district court, the public interests require the designation and appointment hereinafter provided, and the fact is made to appear, by the certificate of the clerk, under the seal of the court, to the circuit judge, or, in his absence, to the circuit justice of the circuit in which the district lies, such circuit, judge or justice may designate and appoint the judge of any other district in the same circuit to have and exercise within the district first named the same powers that are vested in the judge thereof; and each of the said district judges may, in case of such appointment, hold separately at the same time a district or circuit court in such district, and discharge all duties of a district judge therein; but no such judge shall hear appeals from the district court. (Rev. Stats. sec. 592.)

$142. Designation of another judge to be by chief justice.-If the circuit judge and circuit justice are absent from the circuit, or are unable to execute the provisions of either of the two preceding sections, or if the district judge so designated is disabled or neglects to hold the courts and transact the business for which he is designated, the district clerk shall certify the fact to the Chief Justice of the United States, who may thereupon designate and appoint, in the manner aforesaid, the judge of any district within such circuit or within any circuit next contiguous; and said appointment shall be transmitted to the district clerk, and be acted upon by him as di

FED. PROC.-38.

rected in the preceding section. (Rev. Stats. sec.

593.)

143. Revocation and new appointment.—The circuit judge, or circuit justice, or the chief justice, as the case may be, may, from time to time, if in his judgment the public interests so require, make a new designation and appointment of any other district judge within the said circuits, for the duties and with the powers mentioned in the three preceding sections, and to revoke any previous designation and appointment. (Rev. Stats. sec. 594.)

§ 144. Duty of judge to comply with designation.-It shall be the duty of the district judge, who is designated and appointed under either of the four preceding sections to discharge all the judicial duties for which he is so appointed, during the continuance of such disability, or, in the case of an accumulation of business, during the time for which he is so appointed; and all the acts and proceedings in the courts held by him, or by or before him, in pursuance of said provisions, shall have the same effect and validity as if done by or before the district judge of the said district. (Rev. Stats. sec. 595.)

§ 145. Designation of district judge when public interest requires.—It shall be the duty of every circuit judge, whenever in his judgment the public interest so requires, to designate and appoint, in the manner and with the powers provided in section five hundred and ninety-one, the district judge of any judicial district

within his circuit to hold a district or circuit court in the place or in aid of any other district judge within the same circuit; and it shall be the duty of the district judge so designated and appointed to hold the district or circuit [court] as aforesaid, [without any other compensation then his regular salary as established by law, except in the case provided in the next section.] (Rev. Stats. sec. 596.)

1 Last clause repealed. 21 U. S. Stats. 454,

Under this section the circuit judge, whenever in his judgment the public interest requires, can designate and appoint the district judge of any judicial district within his circuit to hold the district or circuit court. An appointment should be filed and entered on the minutes, under section 591, ante. (Ball v. United States, 140 U. S. 118.) The district judge of one district appointed to hold court in another district, can, while holding such court, where the parties consent, hear and dispose of a criminal case on error from a district court. (Harmon v. United States (C. C. D. Colo.), 43 Fed. Rep. 817.)

§ 146. Expenses of district judgeNew York. Whenever a district judge from another district holds a district or circuit court in the southern district of New York, in pursuance of the preceding section, his expenses, not exceeding ten dollars a day, certified by him, shall be paid by the marshal of said district, as a part of the expenses of the court, and shall be allowed in the marshal's account. (Rev. Stats. sec. 597.)

§ 147. Disability of judges in Florida. When a certificate of the judge of either of the districts of Florida, stating that he is disabled to hold any regular, special, or adjourned term of the court of such district, and requesting the judge of the other district to hold the same, is filed in the