Chapter CLXXX. *to require the Holding of additional District and Circuit Courts of the United States in the District of Indiana, and for other Purposes*
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CHAP. CLXXX.— An Act *to require the Holding of additional District and Circuit Courts of the United States in the District of Indiana, and for other Purposes*. June 30, 1870. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Additional terms of the circuit and district courts of the United States in Indiana, to be held at New Albany and Evansville. That in addition to the terms of the circuit and district courts of the United States for the district of Indiana, now required by law to be held at the city of Indianapolis, terms of the said courts shall hereafter be held at the city of New Albany, commencing on the first Mondays of January and July of each year, and at the city of Evansville, commencing on the first Mondays of February and August in each year.
Sec. 2. *And be it further enacted*, That if neither of the judges of saidIf neither judge is present clerk may adjourn the court, &c. courts be present at the lime for opening court, the clerk may open and adjourn the court from day to day for four days ; and if the judge does not appear by two o’clock post meridian of the fourth day, the clerk shall adjourn the court to the next stated term. But either the circuit or districtJudges may, by written order to the clerk, adjourn the court. judge, by written order to the clerk within the first three days of his term, may adjourn court to a future day within thirty days of the first day, of which adjournment the clerk shall give notice by posting a copy of said order on the front door of the court-house where the court is to be held; and the district judge, and in his absence the circuit judge, mayNotice how given. order a special term of the circuit court, designated in a similar order, to be published in a similar manner, and in one or more newspapers in the place where the court is held; and by said order the judge may prescribe the duties of the officers of the court in summoning juries, and in the performanceJuries. of other acts necessary for the holding of such special term; or the court may, by its order, after it is opened, prescribe the duties of itsDuties of officers. officers, and the mode of proceeding, and any of the details thereof.
Sec. 3. *And be it further enacted*, That such number of jurors shall beJurors, number and now to be summoned. summoned by the marshal at every term of the circuit and district courts, respectively, as may have been ordered of record at the previous term; and in case there is not a sufficient number of jurors in attendance at any term, the court may order such number to be summoned as, in its judgment, may be deemed necessary to transact the business of the court. And a grand jury may be summoned to attend every term ofGrand jury. the circuit or district court by order of court.
The marshal may summon jurors or talesmen, in case of a deficiency, pursuant to an order of courtTalesmen. made during the term; and they shall serve for such time as the court may direct. Sec. 4. *And be it further enacted*, That a special term of any districtSpecial terms of district court. court may be held at any time that the district judge may order, by giving notice thereof on the front door of the court-house where the court is to be held, and in some one or more newspapers, if there be any at the place.
Sec. 5. *And be it farther enacted*, That the district judge may adjournDistrict judge may adjourn court.Intervention of a term not to prevent. the court from time to time to suit the convenience of litigants and to meet the necessities of the business ; and the intervention of a term of a district or circuit court at another place shall not preclude the power to adjourn over to a future day. Sec. 6. *And be it further enacted*, That the terms of the circuit andTerms of circuit and district courts not to be limited, &c.Courts may be held at two places at same time. 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 terra of the court elsewhere; but the business of the courts at two places may proceed, there being a judge present at each place, or the court intervening may be adjourned over, as herein provided, till the business of the court in session is concluded.
Sec. 7. *And be it further enacted*, That the marshal of said district, inMarshal and clerk to attend terms at Evansville and New Albany. person or by assistant, and the clerk of said courts for the district aforesaid. in person or by deputy, shall attend the said courts when in session at Evansville or New Albany. The clerks of district and circuit courts176FORTY-FIRST CONGRESS. Sess. II. Ch. 180, 181, 185. 1870. Deputy clerks, bond and oath.[Amended, 1871, ch. 108.*Post*, p. 473.]of the United States are hereby empowered to appoint such deputy clerks as may be necessary for the efficient performance of their duties ; but such deputies shall lake the same oath required by law to be taken by the clerks, and the court may in its discretion require any such deputy to give bond to the United States for the faithful discharge of his duties as such deputy in the same penalty required of the clerk and with surety in like manner, and such bond shall be recorded and preserved in like manner:
Additional courts not to be held at New Albany and Evansville, unless suitable courtrooms are provided without cost to the United States.*Provided, however*, That the taking of such bond shall in no manner affect the legal responsibility of the clerk for the acts of such deputy: *And provided further*, That said additional courts shall not be held as aforesaid at the places aforesaid until the board of commissioners of the counties in which said cities of New Albany and Evansville are respectively situated shall have agreed, by orders in due form entered upon their records respectively, that said board, in each county aforesaid, will supply, without any charge whatever against the United States, suitable court-rooms in which to hold said additional terms of said court; and said court shall not be held if such rooms are not so provided; and duly authenticated copies of said orders shall be filed in the office of the clerk of the district courts aforesaid at Indianapolis.
Approved, June 30, 1870.