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to the present circuit judge, another circuit judge, who shall have the same qualifications and shall have the same power and jurisdiction therein that the present circuit judge has under existing laws, and who shall be entitled to the same compensation as the present circuit judge; provided, that the applications and proceedings therein provided for by section two thousand and eleven, two thousand and twelve, two thousand and thirteen, and two thousand and fourteen of the Revised Statutes shall be made and taken before the senior circuit judge of the second circuit; but in his absence or inability to act under said sections, or any of them, such applications and proceedings may be made and had before the junior circuit judge in said circuit. (Approved March 3, 1887; 24 U. S. Stats. 492.)

§ 67 (608). Circuit courts, where established.-Circuit courts are established as follows: One for the three districts of Alabama, one for the eastern district of Arkansas, one for the southern district of Mississippi, and one for each district in the States not herein named; and shall be called the circuit courts for the districts for which they are established. (Rev. Stats. sec. 608.)

ALABAMA.-There shall be, and is hereby, established a circuit court of the United States for the middle district of Alabama, as said district is now constituted by law, to be held in the city of Montgomery, and a like court for the northern district of Alabama, as said district is now constituted by law, to be held in the city of Huntsville. (18 U. S. Stats. 195.) The circuit court of the United

States held at Mobile, Alabama, shall be designated and known as the circuit court of the United States for the southern district of Alabama. (18 U. S. Stats. 195.)

ARKANSAS, WESTERN DISTRICT.-There shall be, and is hereby, established a circuit court of the United States in and for the western district of Arkansas. (25 U. S. Stats. 655.)

MISSISSIPPI, NORTHERN DISTRICT.-There shall be, and is hereby, established a circuit court of the United States in and for the northern district of Mississippi. (25 U. S. Stats. 655.)

SOUTH CAROLINA, WESTERN DISTRICT.-There shall be, and is hereby, established a circuit court of the United States in and for the western district of South Carolina. (25 U. S. Stats. 655.)

§ 68 (609). Circuit courts, by whom to be held.-Circuit courts shall be held by the circuit justice, or by the circuit judge of the circuit, or by the district judge of the district sitting alone, or by any two of the said judges sitting together. (Rev. Stats., sec. 609.)

The district judge alone may hold the circuit court (Ex parte Kaine, 10 N. Y. Leg. Obs. 257); and although the allotted circuit justice be dead, and other allotment not yet made (Pollard v. Dwight, 4 Cranch, 421), and his authority is coextensive with that of any other judge of ths same court (Robinson v. Satterlee, 3 Sawy. 134; In re Circuit Court, 1 Dill. 1); yet he will not set aside a preliminary injunction granted by the circuit justice, except in particular cases. (Hussey v. Whitely, 2 Fish. Pat. Cas. 120.) When a district judge in one district is sent to hold court in another district he is pro hac vice district judge of such district. (Ex parte Nicolas, 8 Blatchf. 102.)

§ 69. Judges may be directed to sit together.—That the circuit judge of the eighth judicial circuit may, by order, direct the judges of the said northern and southern districts of Iowa to sit together in holding the circuit court in either of said districts; and when so sitting the judge oldest in commission shall preside, and in case of disagreement between them his opinion shall prevail for the time being; provided, however, that a certificate of division may be signed by them with like effect as in cases provided by law for certificates of division between a circuit and district judge. (22 U. S. Stats. 172.)

$70 (610). Justices of Supreme Court to attend once in every two years.—It shall be the duty of the chief justice, and of each justice of the Supreme Court, to attend at least one term of the circuit court in each district of the circuit to which he is allotted during every period of two years. (Rev. Stats. sec. 610.)

Note.-Althongh this section does not require the justice to go to his circuit more than once in two years, yet the number of districts in the circuit may render it necessary for him to go to the circuit every year in performing his duties. (Cunningham v. Neagle, 135 U. S. 1.)

§ 71 (611). Judges of circuit courts may sit apart.-Cases may be heard and tried by each of the judges holding a circuit court sitting apart by direction of the presiding justice or judge, who shall designate the business to be done by each. (Rev. Stats. sec. 611.)

§ 72 (612). Circuit courts held at same time in different districts.-Circuit courts may be held at the same time in the different district of the same circuit. (Rev. Stats. sec. 612.)

273 (613). Criminal terms in the southern district of New York, how held. The terms of the circuit court for the southern district of New York, appointed exclusively for the trial and disposal of criminal business, may be held by the circuit judge of the sec-' ond judicial circuit and the district judges for the southern and eastern districts of New York, or any one of said three judges; and at every such term held by said judge of said eastern district he shall receive the sum of three hundred dollars, the same to be paid in the manner now prescribed by law for the payment of the expenses of another district judge while holding court in said district. (Rev. Stats. sec. 613.)

Note. A circuit court may be held under this section by three judges for the trial and disposal of criminal cases. (Re Claasen, 140 U. S. 200.)

§ 74 (614). When district judges may sit in cases of appeal or error to their own decisions.-A district judge sitting in a circuit court shall not give a vote in any case of appeal or error from his own decision, but may assign the reasons for such decision; provided, that such a cause may, by consent of parties, be heard and disposed of by him when holding a circuit court sitting alone. When he holds a circuit court with either of the other judges, the judgment or decree in such cases shall be rendered in conformity

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with the opinion of the presiding justice or judge. (Rev. Stats. sec. 614.)

Note. Although the district judge may assign his reasons for his decision appealed from, he is prohibited from voting or taking part in the judgment of the circuit court. (U. S. v. Emholt, 4 Morr. Trans. 452.) He is absent in contemplation of law if he does not act in the cause, though he be present on the bench. (Bingham v. Cabbot, 3 Wall. 19.) A decree rendered by a district judge in a circuit court, in a case when he has no vote, is the decree of the court, good until vacated, and from such decree an appeal may be taken. (Baker v. Power, 124 U. S. 167.)

§ 75 (615). When suits transferred from one circuit to another.-When it appears in any civil suit in any circuit court that all of the judges thereof who are competent by law to try said case are in any way interested therein, or have been of counsel for either party, or are so related or connected with either party as to render it, in the opinion of the court, improper for them to sit in such trial, it shall be the duty of the court, on the application of either party, to cause the fact to be entered on the records, and to make an order that an authenticated copy thereof, with all the proceedings in the case, shall be forthwith certified to the most convenient circuit court in the next adjoining State or in the next adjoining circuit; and said court shall, upon the filing of such record and order with its clerk, take cognizance of and proceed to hear and determine the case, in the same manner as if it had been rightfully and originally commenced therein; and the proper process for the due execution of the judgment or de

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