Chapter CCXLV. to regulate the Sessions of the Circuit and District Courts for the Northern District of New York, and for other Purposes
730 words·~3 min read·
/statutes-at-large/vol-13/chapter-ccxlv-1703411·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chap. CCXLV.— An Act to regulate the Sessions of the Circuit and District Courts for the Northern District of New York, and for other Purposes.July 4, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatTimes and places of holding district courts in the northern district of New York. instead of the times now fixed by law for holding district courts of the United States for the northern district of New York, the said court shall hereafter be held at the following times and places, that is to say, at the city of Albany on the third Tuesday of January; at the city of Utica on the third Tuesday in March; at the city of Rochester on the second Tuesday in May; at the city of Buffalo on the third Tuesday in August; at the city of Auburn on the third Tuesday in November; and, in the discretion of the judge of said court, one term annually at such time and in such place, within the counties of St.
Lawrence, Clinton, Jefferson, Oswego, or Franklin, as the judge of said district shall from time to time appoint, by a notice of at least twenty days, to be published in the state paper of the Stale of New York, and also in one newspaper published at the place where the said court is to be held, which term shall be held only for the trial of issues of fact arising within the said counties; but nothing herein contained shall prevent the judge of said court, from holding special terms thereof at the places above specified, or at any other places in said District, in addition to said regular terms, he shall deem necessary.
Sec. 2. *And be it further enacted,* ThatTimes and places of holding circuit court in the northern District of New York. instead of the times and places now provided by law for holding the terms of the circuit court of the United States for the northern district of New York, the said circuit court shall be held at the times and places following, that is to say: at the village of Canandaigua on the third Tuesday in June, at the city of Albany on the second Tuesday in October; and the term of said court appointed by this act to be held at the city of Albany in October shall, when it is adjourned, be adjourned to meet in the city of Albany the third Tuesday in January, and that the adjournment of said adjour[n]ed term shall be further adjourned to meet at the city of Utica on the third Tuesday in March, and the said adjourned term shall be held for the transaction of civil business only; and no. jury shall be drawn for service therein exclusively, but the jury drawn to serve in the district court at the same time and place of the said adjourned terms of said circuit shall be used for the trial of issues of fact arising in civil causes in said circuit court, and the verdicts of said jury and all proceedings upon the trial of said issues shall be as valid and of the same effect as if the said jury had been drawn to serve in the said circuit court.
Sec. 3. *And be it further enacted,* ThatPending process in other court not avoided or impaired. no process issued or proceedings pending in either of said courts shall be avoided or impaired by the change of time and place of holding such court; hut all process, bail bonds, and recognizances returnable at the next term of either of said courts, shall be returnable and returned to the said court next held according to this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly; and all continuances may be made to conform to the provisions of this act.
Sec. 4. *And be it further enacted,* ThatSalary of judge. in place and in lieu of the salary now paid to the judge of the district court of the United States for the northern district of New York, there shall be allowed and paid quarterly to said judge, out of the treasury of the United States, the sum of three thousand five hundred dollars per year. Approved, July 4, 1864.