Gambar halaman
PDF
ePub

pokane Falls, first Tuesday in April and September. acoma, first Tuesday in February and July.

WEST VIRGINIA.-Martinsburgh, fifteenth day of Ocer.7

71

arkersburgh, tenth day of January and June.72

Wheeling, first day of April and twentieth day of Sepber.

larksburg, fifteenth day of April and first day of Oc

r.

arleston, first day of May and tenth day of November. ISCONSIN.-Eastern district, Oshkosh second Tuesday ly in each year.

ilwaukee, first Monday in January and October. 73 hkosh, second Tuesday in June.

estern district, Eau Claire, first Tuesday in June. Crosse, third Tuesday in September.

dison, first Tuesday in December in each year.74 YOMING.-Cheyenne, on the second Monday of May

[blocks in formation]

$122. Effect of altering terms.— No action, suit, proceeding, or process in any district or circuit 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 rereturnable to, pending, and triable in the terms established next after the return day thereof. (Rev. Stats. sec. 573. See secs. 572, 658, 660.)

Arkansas.--All causes, process, bonds, recognizances, and other things being in, returnable or having relation to, the terms of said court as provided by law, shall be proceeded with in the terms provided by this act, with the same force and effect that would have been lawful had the times of holding said court not been changed. (26 U. S. Stats. 17.)

Indiana.-Processes continued.-All suits which stand for trial at, and all writs, processes, and recognizan ces which are or may be made returnable to, the next August term of said courts, shall stand continued and be returnable to the next term thereof provided for in this act. (18 U. S. Stats. 251.)

Iowa.-All causes, processes, suits, and proceedings now pending or commenced for said terms of court, or hereafter to be commenced, shall be continued or returned in and to said courts at the several times herein specified. (Approved February 9, 1874. See Rev. Stats. secs 572, 658.)

All writs, processes, pleas, recognizances, and bonds made or returnable to the terms of said courts as now pro vided by law shall be considered as taken and returnable to the terms established by this act. (Approved April 19, 1888; 25 U. S. Stats. 87.)

§ 123. Change of terms.—All causes, processes, suits and proceedings now pending or com menced for said terms of court, or hereafter to be commenced, shall be continued and returned to said

urts at the several times herein specified. (Feb. 1874, Rev. Stats. sec. 72.)

Arkansas, 26 U. S. Stats. 17; Indiana, 18 U. S. Stats. ; Iowa, 25 U. S. Stats, 87; Missouri, 25 U. S. Stats. V; Nebraska, 25 U. S. Stats. 483; North Dakota, 26 U. Stats. 68; Ohio, 26 U. S. Stats. 709; Texas, 26 U. S. ts. 3.

124. Courts always open for certain rposes.—The district courts, as courts of adalty, and as courts of equity, so far as equity Esdiction has been conferred upon them, shall deemed always open, for the purpose of filing pleading, of issuing and returning mesne and 1 process, and of making and directing all intertory motions, orders, rules, and other proceedpreparatory to the hearing, upon their merits, all causes pending therein. And any district e may, upon reasonable notice to the parties. e and direct and award, at chambers or in the 's office, and in vacation as well as in term, uch process, commissions, orders, rules, and proceedings, whenever the same are not grantof course, according to the rules and practice e court. (Rev. Stats. sec. 574.)

ase of seizure under the embargo laws, an order for e made in chambers is valid. (U. S. v. The Little es, 1 Brock. 380.)

idge has no power in vacation, out of court, to recall ions without notice to the judgment creditor. (Free. Dawson, 110 U. S. 264.)

25.

District court open for admicases.-The district court shall at all times n for the purpose of hearing and deciding of admiralty and maritime jurisdiction, so the same can be done without a jury.

(Florida S. D., Rev. Stats. sec. 575; Wisconsin, Rev. Stats. sec. 576.)

§ 126. Terms in Kentucky and Indiana.—In the districts of Kentucky and Indiana the terms of the district courts shall not be limited to any particular number of days, nor shall it be necessary to adjourn by reason of the intervention of a term of the court elsewhere; but the court intervening may be adjourned over till the business of the court in session is concluded. Stats. sec. 577.)

(Rev.

§ 127. 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. (Rev. Stats sec. 578.)

Not affected by 21 U. S. Stats. 45.

§ 128. Adjourned terms.-The judge of any district court in Indiana, Kentucky, Louisiana, Michigan, Ohio, Pennsylvania and Texas may adjourn the same from time to time, to meet the neces sities or convenience of the business. (Rev. Stats sec. 579.)

The circuit court of the District of Columbia may adjourn to a distant day, and the adjourned session will be considered the same term. (Mechanics' Bk. v. Withers, 6 Wheat. 106.)

§ 129. Adjourned terms in Kentucky and Indiana.-In the districts of Kentucky and Indiana the intervention of a term of the dis

rict court at another place, or of a circuit court, hall not preclude the power to adjourn over to a uture day. (Rev. Stats. sec. 580.)

§ 130. Special terms.-A special term of ny district court may be held at the same place here any regular term is neld, or at such other lace in the district as the nature of the business ay require, and at such time and upon such notice 3 may be ordered by the district judge. And any usiness may be transacted at such special term hich might be transacted at a regular term. Rev. Stats. sec. 581.)

Admiralty courts may proceed under their general pow3 in every case where not restricted by statute. (United ates v. The Little Charles, 1 Brock. 380.)

Illinois. The judges of the United States circuit or trict court for said district may, by order, from time to ne appoint and hold additional special terms of said art in said district for the disposal of the unfinished siness thereof, whenever the interests of the public and condition of the docket shall so require. (24 U. S. ts. 442; 25 U. S. Stats. 387; 26 U. S. Stats. 212.) Mississippi.-The judge of the United States courts said northern district may, by order, from time to e appoint and hold not more than two additional special ns of said courts in any one year in each division, nor a longer period than twelve judicial days for each 1, for the disposal of the unfinished business thereof, never the interests of the public and the condition of docket shall so require. (22 U. S. Stats. 101.)

131. Tennessee-When circuit judges y act as district judges.-In the case of non-attendance of the district judge of Tennesat any term of the district court in either of districts thereof, the circuit justice, or circuit

« SebelumnyaLanjutkan »