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clerk's office of the place where it is to be held, the judge of the other district is authorized to hold such courts, and to exercise all the powers of district judge in the district of the judge so certifying. (Rev. Stats. sec. 598.)

§ 148. Disability of judge of New York. Whenever the judge of the northern district of New York is disabled to perform the duties of his office, it shall be the duty of the judge of the southern district, upon receiving from him notice thereof, to hold the district court, and to perform all the duties of district judge for such district. And whenever the judge of the southern district is so disabled, it shall be the duty of the judge of the eastern district, upon a like notice, to hold the district court, and to perform all the duties of district judge for the southern district. In such cases the said judges, respectively, shall have the same powers as are vested in the judge so disabled. (Rev. Stats. sec. 599.)

$ 149. District judge of New York.Whenever the judge of the southern district of New York deems it desirable, on account of the pressure of public business or other cause, that the judge of the eastern district shall perform the duties of a district judge in the southern district, an order to that effect may be entered upon the records of the district court thereof; and thereupon the judge of the eastern district shall have power to hold the district court, and to perform all the duties of district judge for the southern district. (Rev. Stats. sec. 600.)

§ 150. When district judge is interested in suit pending.—Whenever it appears that the judge of any district court is in any way concerned in interest in any suit pending therein, or has been of counsel for either party, or is so related to or connected with either party as to render it improper, in his opinion, for him to sit on the trial, it shall be his duty, on application by 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 the suit, shall be forthwith certified to the next circuit court for the district; and if there be no circuit court therein, to the next circuit court in the State; and if there be no circuit court in the State, to the next convenient circuit court in an adjoining State; and the circuit court shall, upon the filing of such record with its clerk, take cognizance of and proceed to hear the case, in like manner as if it had originally and rightfully been commenced therein. (Rev. Stats. sec. 601.)

Note.-The judge may order the record of a suit in which he is interested to be transferred to the circuit court (Spencer v. Lapsley, 20 How. 264); and the district judge of Texas has power to transfer a suit to the circuit court of the district of Louisiana. (Spencer v. Lapsley, 20 How. 264.) So a suit was transferred to the northern district of New York when the State was divided. (U. S. v. Woolen Cloths, 1 Paine, 436.)

§ 151. Continuances by vacancy in office of district judge.-When the office of judge of any district court is vacant, all process, pleadings, and proceedings pending before such court shall be continued of course until the

next stated term after the appointment and quali fication of his successor, except when such firstmentioned term is held as provided in the next section. (Rev. Stats. sec. 602.)

When the office of judge of any district court is vacant, all process, pleadings, and proceedings pending before such court were continued, of course, until the next stated term after the appointment and qualification of his successor, except when that term might be held as provided in section 603. (Ball v. United States, 140 U. S. 118.)

§ 152. Vacancy in office of district judge.—When the office of district judge is vacant in any district in a State containing two or more districts, the judge of the other or of either of the other districts may hold the district court, cr the circuit court, in case of the sickness or absence of the other judges thereof, in the district where the vacancy occurs, and discharge all the judicial duties of judge of such district during such vacancy; and all the acts and proceedings in said courts by or before such judge of an adjoining district shall have the same effect and validity as if done by or before a judge appointed for such district. (Rev. Stats. sec. 603.)

§ 153. Recognizances in New York.— All recognizances and bail bonds taken in criminal cases for an appearance at a circuit court in the southern district of New York, conditioned upon an appearance at the next one of the terms ap pointed by the Act of February 7, 1873, shall be valid. (Rev. Stats. sec. 659.)

§ 154. Special sessions for trial of criminal causes.-Any circuit court may, at its own discretion, or at the discretion of the Supreme Court, hold special sessions for the trial of criminal causes. (Rev. Stats. sec. 661.)

Authority.-Authority is given under this section only when the court is in session (United States v. Williams, 4 Cranch C. C. 372), and it is not necessary for the clerk to give thirty days' notice of the time and place of holding the special session. (United States v. Williams, 4 Cranch C. C. 372.) When holding the special session, the circuit court may exercise its general jurisdiction over all criminal causes arising within the district at the time of holding the session (United States v. Williams, 4 Cranch C. C. 379); but no cause can be tried which was pending at the last stated session. (United States v. Hamilton, 3 Dall. 17; United States v. Insurgents, 3 Dall. 515; Anonymous, 4 Cranch C. C. 337; United States v. Milburn, 4 Cranch C. C. 552; United States v. Cornell, 2 Mason, 91.) This section authorizes special sessions in cases punishable with death in the county where the crime was committed. (United States v. Cornell, 2 Mason, 91.)

§ 155. Special sessions for criminal trials. The Supreme Court, or when that court is not sitting any circuit justice or circuit judge, together with the judge of the proper district, may direct special sessions of a circuit court to be held, for the trial of criminal causes, at any convenient place within the district nearer to the place where the offenses are said to be committed than the place appointed by law for the stated sessions. The clerk of such court shall, at least thirty days before the commencement of such special session, cause the time and place for holding it to be notified for at least three weeks consecutively in one or more of the newspapers published nearest to the place

where it is to be held. All process, writs, and recognizances respecting juries, witnesses, bail, or otherwise, which relate to the cases to be tried at such special session, shall be considered as belonging to such sessions, in the same manner as if they had been issued or taken in reference thereto. Any such session may be adjourned from time to time to any time previous to the next stated term of the court; and all business depending for trial at any special session shall, at the close thereof, be considered as removed to the next stated term. Stats. sec. 662.)

(Rev.

Place of offense. -This section regards the place, while the preceding section regards the time. By this section a special session may be ordered by the judge out of court. Ú. S. v. Williams, 4 Cranch C. C. 372.) It vests the court with discretion, and a trial will not be directed in the county where the offense was committed when it cannot be done without inconvenience. (U.S. v. The Insurgents, 3 Dall. 515; U. S. v. Cornell, 2 Mason, 91.) The order may be made by the judge out of court (U. S. v. Williams, 4 Cranch C. C. 373); and the court will have cognizance only of offenses committed in that part of the district nearer to the special than to the ordinary session. (U. S. v. Williams, Cranch C. C. 372.) But it may take cognizance of a criminal case arising after the order is made (U. S. v. Williams, 4 Cranch C. Č. 372), and cases which are pending at the close of the special session will be removed to the stated term. (U. S. v. Williams, 4 Cranch C. C. 372.) No case can be heard at the special session where the indictment was found at the regular stated term. (U. S. v. Cornell, 2 Mason, 91.)

§ 156. Adjourned terms, Missouri.The circuit courts for the several districts of Missouri may at any time order adjourned terms thereof. In the eastern district a copy of the order shall be posted on the door of the court-room, and

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