Chapter XCIII. to give greater Efficiency to the Judicial System of the United States
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Chap. XCIII.— An Act to give greater Efficiency to the Judicial System of the United States.March 3, 1863. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatIn case of disability, &c., of the judge of the supreme court for any circuit, judge of other circuit may hold the court.Proceedings. whenever the judge of the supreme court for any circuit, from disability, absence, the accumulation of business in the circuit court in any district within his circuit, or from his having been of counsel or being interested in any case pending in such circuit court, or from any other cause, shall deem it advisable that the circuit court in such district shall be holden by the judge of any other circuit, he may request, in writing, the judge of any other circuit to hold the circuit court in such district, during a time to be named in such request; and such request shall be entered upon the journal of the circuit court so to be holden.
And thereupon it shall be lawful for the judge so requested to hold the circuit court in such district, and to exercise all the powers of the judge of such circuit within and for such district during the time named in such request. Sec. 2. *And be it further enacted,* ThatJudge of any circuit may order any civil cause certified into any circuit, to be certified back. the judge of any circuit may order any civil cause certified into any circuit court within his circuit from any court of the United States, to be certified back to the court whence it came; and in such case such cause shall be proceeded in by such court, in all respects, as if the same had not been certified from it: *Provided,*Proviso.
That if from any cause it shall be improper for the judge of such court to try any such cause so certified back, the same shall be tried by some other judge holding such court, pursuant to the provisions of this act. Whenever,If there is no judge of any circuit, the chief justice of the supreme court may make the requests.Vacancies in office of marshal or district attorney, when filled by the court.Appointment, how made. by reason of death or resignation, there shall be no judge of any circuit, the chief justice of the supreme court of the United States may make the requests herein provided for, which shall be operative until such circuit shall be assigned to another judge.
In case of a vacancy in the office of marshal or district attorney in any circuit, the judge of such circuit may fill such vacancy, and the person so appointed shall serve until an appointment shall be made by the President, and the appointee has duly qualified, and no longer; and the marshal so appointed shall give bond as if appointed by the President, and the bond shall be approved by such judge. The appointment so made shall be in writing, and such writing shall be filed in the clerk’s office of the circuit court, and a copy thereof shall be entered upon the journal of such court.
The clerk of everyBond of clerk, court shall give bond in such sum as may be fixed by the court, with sureties to be approved by the court, and a new bond may be required whenever the court shall deem it proper, that such bond shall be given.of marshal. Every marshal’s bond so given shall be filed in the office of the clerk of the circuit court, and a copy thereof entered upon the journal of the court. A copy of every bond given by a clerk shall be entered on the journal of the court for which he is appointed, and the bond shall be deposited for safekeeping as the court may direct.
A certified copy of such entry shall be *prima facie* proof of the execution of such bond, and of the contents thereof. Sec. 3. *And be it further enacted,* ThatRepealing clause all acts and parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed. Approved, March 3, 1863.