Chapter XXXV. *to amend an Act entitled “An Act to amend an Act entitled ‘An Act to establish a criminal Court in the District of Columbia.’”* April 20, 1860. 1863, ch. 91. *Post,* p. 702. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the fi
590 words·~3 min read·
/statutes-at-large/vol-12/chapter-xxxv-55518·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chap. XXXV.— An Act *to amend an Act entitled “An Act to amend an Act entitled ‘An Act to establish a criminal Court in the District of Columbia.’”* April 20, 1860. 1863, ch. 91. *Post,* p. 702. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the first and seventh Act of 1839, ch. 31, §§ 1 and 7, repealed. Vol. v. pp. 319, 320.sections of the act approved February twentieth, eighteen hundred and thirty-nine, entitled “An act to amend an act entitled, ‘An act to establish a criminal court in the District of Columbia,’” be, and that the same are hereby, repealed.
Sec. 2. *And be it further enacted,* That whenever the judge of the When the judge of the criminal court for the District of Columbia is unable to hold court, the judges of the circuit court for the District shall in turn perform his duties.said criminal court, from sickness or any other legal cause, shall be unable to hold the said court, he shall give notice thereof to the judges of the circuit court of the District of Columbia, or if he be unable from any legal cause to give such notice, it shall be given by the marshal of the District of Columbia; and thereupon one of the said judges of the circuit court of the District of Columbia shall, by arrangement among themselves, hold the said criminal court during the temporary inability of the judge of the said court: *Provided, however,* That no judge of the said circuit court of the District of Columbia, after once holding said criminal court during the temporary inability of the judge of the said criminal court, shall be required, unless with his own consent on any subsequent occasion of a temporary inability of said judge of the criminal court, to hold the said criminal court again until it shall have been holden by 14 THIRTY-SIXTH CONGRESS.
Sess. I. Ch. 35, 37, 38. 1860.each of the other two judges of the said circuit court of the District of Columbia, it being the intent and meaning of this act to apportion, as near as may be, among the three judges of said circuit court, the extra service which this act imposes on them. If any judge of the circuit court, no acting, is disabled, one of the other circuit judges shall take his place. Sec. 3. *And be it further enacted,* That if, when any judge of the circuit court is called on in rotation to hold said criminal court during the inability of the judge thereof, such judge of the circuit court shall be prevented by sickness or other legal cause from holding the said criminal court, then it shall be holden by one of the other two judges of the circuit court, whose duty it would be, under this act, as next in rotation, to hold said criminal court.
Clerk of criminal court may adjourn it from time to time. Sec. 4. *And be it further enacted,* That nothing in this act contained shall prevent the clerk of the said criminal court from adjourning the same from day to day, for a time not exceeding one week, where the judge of the criminal court shall be taken sick after the commencement and during the progress of a term: *Provided,* That no services rendered by either of the judges of the circuit court, under this act, shall be the foundation for any additional compensation therefor.
Approved, April 20, 1860.