Chapter XXX. to provide for holding the Courts of the United States in Case of the Sickness or other Disability of the Judges of the District Courts
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Chap. XXX.— An Act to provide for holding the Courts of the United States in Case of the Sickness or other Disability of the Judges of the District Courts.July 29, 1850. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That in case of the Provisions made for holding United States courts in the event of the sickness or other disability of the district judge. sickness or other disability of any district judge of any judicial district in the United States, which shall prevent him from holding any stated or appointed term of the District Court of his district, or of the Circuit Court of his district in case of the sickness or absence of the circuit judge, and upon the fact of such sickness or other disability being certified by the clerk of such District Court to the circuit judge of the circuit within which such district may lie, it shall be lawful for such circuit judge, if, in his judgment, the public interests shall so require, to designate and appoint the district judge of any other judicial district of the United States within the same circuit, to hold the District Court or Circuit Court, in the place of, and discharge all the judicial duties of, the district judge who may be sick or otherwise disabled as aforesaid, while such sickness or other disability shall continue: which appointment shall be filed in the office of the clerk of the said District Court, and be entered on the minutes of the court; and a certified copy thereof, under the seal of the court, be by such clerk transmitted to the judge so designated and appointed. 443THIRTY-FIRST CONGRESS.
Sess. I. Ch. 31. 1850. Sec. 2. *And be it further enacted,* That in case there be no circuit In case of non-residence or inability of circuit judge, the clerk of the District Court to notify the chief justice of the inability of the judge to hold a court, by sickness or otherwise, and provision made therefor. judge resident within such circuit, or of his absence therefrom, or inability to execute the provisions of the preceding section, or of the disability or neglect of the district judges designated by him, to hold the courts and transact the business within the district for which he or they may be so designated, the clerk of such District Court shall certify such fact or facts to the chief justice of the United States; and it shall thereupon be lawful for the chief justice of the United States to designate and appoint, in manner aforesaid, any district judge within said circuit, or of any judicial district within a circuit next immediately contiguous to the one within which such disability exists, which appointment shall be transmitted to such clerk, and by him acted on as directed in the preceding section.
Sec. 3. *And be it further enacted,* That it shall be the duty of such It shall be the duty of the district judge, appointed for that purpose, to hold the courts specified. district judge as shall be for that purpose designated and appointed, (as in the preceding sections provided,) to hold the District Court or Circuit Court as aforesaid, and discharge all the judicial duties of the district judge, who shall be sick or otherwise disabled as aforesaid, so long as such sickness or other disability shall continue; and all the acts and proceedings in said courts, or by or before the said district judge so designated and appointed, shall have the same force, effect, and validity as if done and transacted by and before the district judge of said district.
Sec. 4. *And be it further enacted,* That it shall be lawful for such If necessary, a new designation to be made by the chief justice, &c. circuit judge, or the chief justice of the United States, as they may be, from time to time, if in his judgment the public interests shall so require, to make a new designation and appointment of any district judge, of any judicial district within the same circuits as aforesaid, with the powers and for the duties and purposes mentioned in the preceding sections of this act, and to revoke and determine any previous designation and appointment.
Sec. 5. *And be it further enacted,* That the district judge so designated The district judge appointed to hold the courts designated to be allowed his travelling expenses when certified by the clerk, &c. and appointed to hold the court and discharge the duties of the district judge of another district, and who shall hold such court or discharge such duties, shall be allowed his reasonable expenses of travel to and from and of residence in such other district necessarily incurred by reason of such designation and appointment, and his obedience thereto; and such expenses shall, when certified by the clerk and the district attorney of the judicial district within which such services shall have been performed, be paid by the marshal of such district, and allowed him in his accounts with the United States.
Approved, July 29, 1850.