Chapter C. to provide Circuit Courts for the Districts of California and Oregon, and for other Purposes
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Chap. C.— An Act to provide Circuit Courts for the Districts of California and Oregon, and for other Purposes.March 3, 1863. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatSupreme court to consist of a chief justice and nine associates.Quorum.One additional justice.California and Oregon to form 10th circuit. the supreme court of the United States shall hereafter consist of a chief justice and nine associate justices, any six of whom shall constitute a quorum; and for this purpose there shall be appointed one additional associate justice of said court, with the like powers, and to take the same, oaths, perform the same duties, and be entitled to the same salary, as the other associate justices.
The districts of California and Oregon shall constitute the tenth circuit, and the other circuits shall remain as now constituted by law. Sec. 2. *And be it further enacted,* ThatDistrict courts in those States not to have powers of circuit courts.1855, ch. 142.Vol. x. p. 631.Circuit court abolished.Circuit courts, how to be held. so much of any act or acts of Congress as vests in the district courts in and for the said States of California and Oregon, or either of them, the power and jurisdiction of circuit courts, and the act entitled “An act to establish a circuit court of the United States in and for the State of California,” approved March second, eighteen hundred and fifty-five, be, and the same are hereby, repealed, and the said circuit court is hereby abolished; and there shall hereafter be circuit courts held for the districts of the States of California and Oregon by the chief justice, or one of the associate justices of the supreme court of the United States assigned or allotted to the circuit to which such districts may respectively belong, and the district judges of such districts, severally and respectively, either of whom shall constitute a quorum, which circuit courts and the judges thereof shall have like powers and exercise like jurisdiction as other circuit courts and the judges thereof; and the district courts in and for the several districts in and for said States of California and Oregon, and the judges thereof, shall have like powers and exercise like jurisdiction as the district courts and the judges thereof in the other circuits.
Sec. 3. *And be it further enacted,* ThatProvision for pending process. all actions, suits, prosecutions, causes, pleas, process, and other proceedings, relative to any cause, civil or criminal, (which might have been brought and could have been originally cognizable in a circuit court as established by this act,) now pending in or returnable to the several district courts of the United States in the said States of California and Oregon, or now pending in or returnable to the circuit court of California, by this act abolished, acting as circuit courts (or so empowered to act) shall be, and are hereby declared to be, respectively, transferred, returnable, and continued to the several circuit courts constituted by this act, to be holden within said districts respectively, and shall be heard, tried, and determined therein, in the same manner as if originally brought, entered, prosecuted, or had in such circuit courts;Bail-bonds, &c. and no bail-bond or recognizance taken in any of said actions, suits, prosecutions, or causes transferred to said circuit courts by this act shall thereby be avoided, impaired, or invalidated; and the said circuit courtsRegulations.Clerks. shall be governed by the same laws and regulations as apply to the Other circuit courts of the United States; and the clerks of said courts, respectively, shall perform the same duties, and shall be entitled to receive the same fees and emoluments which are by law established for the clerks of the other circuit courts of the United States.
Sec. 4. *And be it further enacted,* ThatTimes and places of circuit courts in California, the circuit court for the districts in California shall be held at the city of San Francisco and the city of Los Angelos, in said State, at the same times now prescribed by law for holding terms of the district courts for the northern and southern districts ofin Oregon. said State at said places; and the circuit court for the State of OregonTHIRTY-SEVENTH CONGRESS. Sess. III. Ch. 101. 1863.795 shall be held at Portland, in said State, at the same times now fixed by law for holding terms of the district court for the district of Oregon at that place.
Sec. 5. *And be it further enacted,* ThatJudge of 10th circuit allowed $ 1,000 a year for travel, &c. the judge assigned to the tenth circuit, as constituted by this act, shall receive, in addition to his salary hereinbefore provided, the sum of one thousand dollars for his travelling expenses for each year in which he may actually attend a session of the supreme court of the United States. Approved, March 3, 1863.