Feb. 19, 1864. 1863, ch. 100, vol. xii. p. 794. Terms of the Federal circuit court in California, in Oregon. If circuit judge is absent, district judge to hold the term. CHAP. XI. — An Act amendatory of and supplementary to " An Act to provide Circuit Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the term of the circuit court of the United States for the districts in California shall be held in the city of San Francisco, in said state, on the first Monday of February, and on the second Monday of June, and on the first Monday of October, of each year; and in the city of Monterey, in said state, on the first Monday of April, and on the second Monday of August, and on the first Monday of December, of each year; and that a term of said circuit court for the State of Oregon shall be held at the city of Portland, in said state, on the first Monday of January, and on the first Monday of May, and on the first Monday of September, of each year. SEC. 2. And be it further enacted, That whenever the circuit judge is absent, or, from any cause, is unable to hold a term of the circuit court as above provided, it shall be the duty of the district judge of the district to hold such term. No term of the circuit court in one district of the tenth circuit shall be deemed to be ended from the commencement of a Circuit court in term in another district. A circuit court may be held in the different different districts districts at the same time. Ending of terms. at same time. Special sessions of circuit court, and notified. Business at such special sessions. SEC. 3. And be it further enacted, That the circuit judge of said tenth circuit may, at his discretion, appoint special sessions of the circuit court, to be held at the places where the stated sessions thereof are to be holden, as provided in this act, by an order, under his hand and seal, how appointed addressed to the marshal and clerk of said court, at least fifteen days previous to the day fixed for the commencement of such special sessions, which order shall be published by the marshal in one or more of the gazettes or newspapers within the district where such sessions are to be holden. At such special sessions it shall be competent for the said court to entertain jurisdiction of and hear and decide all cases in equity, cases in error, or on appeal, issues of law, motions in arrest of judgment, motions for new trial, and all other motions, and to award executions and other final process, and to do and to transact all other business, and direct all other proceedings in all causes pending in the circuit court, except trying any cause by jury, in the same way and with the same force and effect as the same could or might be done at the stated sessions Issues of fact if of such court. At said special sessions said court may also try and jury is waived. determine all issues of fact in cases in which, by the stipulation in writing of the parties, or their attorneys, and filed with the clerk, a jury shall be waived. No jury trials. Clerks of circuit courts. Revocation. Oath of clerk. SEC. 4. And be it further enacted, That the clerks of the circuit courts for the districts of California shall be appointed by the circuit judge of Appointment. the tenth circuit. The appointment shall be in writing under the hand and seal of the circuit judge, and shall be filed in the clerk's office and entered at large upon the records of the court. The circuit judge may revoke the appointment at any time by filing in the office of the clerk a notice in writing under his hand and seal, stating that the appointment is revoked. The revocation shall be entered on the records of the court. The clerk, before entering upon the discharge of his duties, shall take the oath of office prescribed by the act entitled "An act to prescribe an oath of office and for other purposes," approved July, two, eighteen hundred and sixty-two, and such oath shall be endorsed upon his appointment. The clerk shall also execute a bond to the United States with two or more sufficient sureties in such sum as the circuit judge may designate, conditioned for the faithful performance of his duties. In case of a vacancy in the office of clerk, the district judge shall have power to fill such vacancy by appointment, which shall continue until an appointment is made by the circuit judge. 1862, ch. 128. Vol. xii. p. 502. Bond. Vacancy in office. Clerks may Oath and bond SEC. 5. And be it further enacted, That the clerks of the circuit courts of the tenth circuit shall have power to appoint one or more deputies, and remove appoint deputies, who shall have the same authority, in all respects, as their principal. The them. appointment shall be in writing, and be signed by the clerk, and shall be filed in his office, and be entered at large upon the records of the court. The clerk may revoke the appointment of any deputy at will by writing filed in the office, and entered upon the records. Each deputy, before entering upon his duties, shall take the oath of office prescribed by the act entitled "An act to prescribe an oath of office and for other purposes," approved July two, eighteen hundred and sixty-two. And such oath shall be endorsed upon his appointment. The clerk may take from each of his deputies a bond with sureties for the faithful performance of his duties, but the clerk and the sureties on his official bond shall be liable for all the official acts of each deputy. of deputies. 1862, ch. 128. Vol. xii. p. 502. Clerk liable for acts of deputy. SEC. 6. And be it further enacted, That the clerks of the circuit courts Fees, &c., of and district courts of the United States for the districts of California and clerks. Oregon shall severally be entitled to charge and receive for the services they may perform double the fees and compensation allowed by the act entitled "An act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States and for other purposes," approved February twenty-six, eighteen hundred and fifty-three. 1853, ch. 80. Vol. x. p. 161. SEC. 7. And be it further enacted, That issues of fact in civil cases Trials of issues may be tried and determined by the said circuit court without the inter- of fact without a jury. vention of a jury, whenever the parties or their attorneys of record file a stipulation in writing with the clerk waiving a jury. Upon the trial of an issue of fact by the court, its decision shall be given in writing and filed with the clerk. In giving the decision, the facts found and Form of decithe conclusions of law shall be separately stated. The review of the judg- writs of error. sion, appeals, ment or decree entered upon such findings by the supreme court of the United States upon appeal or writ of error shall be limited to a determination of the sufficiency of the facts found to support the judgment or decree entered, and to the rulings of the court in admitting or rejecting evidence offered, and in the construction of written documents produced and admitted. The supreme court may affirm or modify or reverse the judgment or decree entered, or may, in its discretion, order a new trial or further proceedings to be taken. Terms of the Federal district court in Califor SEC. 8. And be it further enacted, That a term of the district court of the United States for the southern district of California shall be held in the city of Monterey, in said state, on the first Monday of February, and nia, on the first Monday of June, and on the first Monday of October, of each year; and a term of the district court of the United States for the northern district of California shall be held in the city of San Francisco, in said state, on the first Monday of April, and on the second Monday of August, and on the first Monday of December, of each year; and a term of the district court of the United States for the district of Oregon shall be held at the city of Portland, in the State of Oregon, on the first Monday of March, and on the first Monday of July, and on the first Monday of November, of each year. in Oregon. former laws and of inconsistent provisions. 1863, ch. 100, SEC. 9. And be it further enacted, That section four of the act entitled Repeal of "An act to provide circuit courts for the districts of California and Oregon, and for other purposes," approved March third, eighteen hundred and sixty-three; and sections four and five of the act entitled "An act to provide for extending the laws and judicial system of the United States $ to the State of California," approved September twenty-eight, eighteen hundred and fifty, and all provisions of law inconsistent with this act, be and the same are hereby repealed. SEC. 10. And be it further enacted, That this act shall take effect on the first Monday of May, one thousand eight hundred and sixty-four. APPROVED, February 19, 1864. 4, 4, 5. Vol. ix. p. 522 When act takes effect. Feb. 24, 1864. 1863, ch. 75. Vol. xii. p. 731. 1865, ch. 79. Post, p. 487. President may call for such number of men as public exigencies require. Quota of each ward, town, &c., how to be determined. CHAP. XIII.- An Act to amend an Act entitled "An Act for enrolling and calling our the National Forces, and for other Purposes," approved March third, eighteen hundrea and sixty-three. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States shall be authorized, whenever he shall deem it necessary, during the present war, to call for such number of men for the military service of the United States as the public exigencies may require. SEC. 2. And be it further enacted, That the quota of each ward of a city, town, township, precinct, or election district, or of a county, where the county is not divided into wards, towns, townships, precincts, or election districts, shall be, as nearly as possible, in proportion to the number of men resident therein liable to render military service, taking into account as far as practicable, the number which has been previously furnished therefrom; and in ascertaining and filling said quota there shall be taken into account the number of men who have heretofore entered the naval naval service to service of the United States, and whose names are borne upon the enrolment lists as already returned to the office of the provost-marshal general of the United States. Persons in be reckoned. If quota is not filled by volun teers, draft to be made. 1864, ch. 237, § 6. Post, p. 380. SEC. 3. And be it further enacted, That if the quotas shall not be filled within the time designated by the President, the provost-marshal of the district within which any ward of a city, town, township, precinct, or election district, or county, where the same is not divided into wards, towns, townships, precincts, or election districts, which is deficient in its quota, is situated, shall, under the direction of the provost-marshal general, make a draft for the number deficient therefrom; but all volunteers Volunteers en- who may enlist after the draft shall have been ordered, and before it shall listing after draft. be actually made, shall be deducted from the number ordered to be drafted in such ward, town, township, precinct, or election district, or county. And if the quota of any district shall not be filled by the draft made in accordance with the provisions of this act, and the act to which it is an amendment, further drafts shall be made, and like proceedings had, until Further drafts. the quota of such district shall be filled. Substitutes, what and by whom may be furnished, and for how long. SEC. 4. And be it further enacted, That any person enrolled under the provisions of the act for enrolling and calling out the national forces, and for other purposes, approved March third, eighteen hundred and sixty-three, or who may be hereafter so enrolled, may furnish, at any time previous to the draft, an acceptable substitute, who is not liable to 1863, ch. 75. draft, nor at the time in the military or naval service of the United Vol xii. p. 731. States, and such person so furnishing a substitute shall be exempt from draft during the time for which [such] substitute shall not be liable to draft, not exceeding the time for which such substitute shall have been accepted. Drafted persons may furnish substitutes. 15. Post, p. 489. SEC. 5. And be it further enacted, That any person drafted into the military service of the United States may, before the time fixed for his appearance for duty at the draft rendezvous, furnish an acceptable substitute, subject to such rules and regulations as may be prescribed by the 1865, ch. 79, § Secretary of War. That if such substitute is not liable to draft, the person furnishing him shall be exempt from draft during the time for which such substitute is not liable to draft, not exceeding the term for which he was drafted; and, if such substitute is liable to draft, the name of the person furnishing him shall again be placed on the roll, and shall be liable to draft on future calls, but not until the present enrolment shall be exhausted; and this exemption shall not exceed the term for which such person shall have been drafted. And any person now in the military or naval service of the United States, not physically disqualified, who has so served more than one year, and whose term of unexpired service shall not at the time of substitution exceed six months, may be employed as a substitute to serve in the troops of the State in which he enlisted; and if How long to be exempt. Who may be employed as substitutes. exempt. any drafted person shall hereafter pay money for the procuration of a substitute, under the provisions of the act to which this is an amendment, Payment of such payment of money shall operate only to relieve such person from commutation draft in filling that quota; and his name shall be retained on the roll in money, how to filling future quotas; but in no instance shall the exemption of any person, on account of his payment of commutation money for the procuration of a substitute, extend beyond one year; but at the end of one year, in every such case, the name of any person so exempted shall be enrolled again, if not before returned to the enrolment list under the provisions of this section. Who to be SEC. 6. And be it further enacted, That boards of enrolment shall enroll all persons liable to draft under the provisions of this act, and the act enrolled. to which this is an amendment, whose names may have been omitted by the proper enrolling officers; all persons who shall arrive at the age of twenty years before the draft; all aliens who shall declare their intentions to become citizens; all persons discharged from the military or naval service of the United States who have not been in such service two years during the present war; and all persons who have been exempted under the provisions of the second section of the act to which this is an amendment, but who are not exempted by the provisions of this act; and said Names of what boards of enrolment shall release and discharge from draft all persons persons to be struck from enwho, between the time of the enrolment and the draft, shall have arrived rolment list. at the age of forty-five years, and shall strike the names of such persons from the enrolment. Term of enlist Proof that he is a seaman. SEC. 7. And be it further enacted, That any mariner or able or ordi- Seamen drafted nary seaman who shall be drafted under this act, or the act to which this may enlist in naval service, is an amendment, shall have the right, within eight days after the notifi- &c. cation of such draft, to enlist in the naval service as a seaman, and a certificate that he has so enlisted being made out, in conformity with regulations which may be prescribed by the Secretary of the Navy, and duly presented to the provost-marshal of the district in which such mariner or able or ordinary seaman shall have been drafted, shall exempt him from such draft: Provided, That the period for which he shall have enlisted into the naval service shall not be less than the period for which ment. he shall have been drafted into the military service: And provided further, That the said certificate shall declare that satisfactory proof has been made before the naval officer issuing the same that the said person so enlisting in the navy is a mariner by vocation, or an able or ordinary seaman. And any person now in the military service of the United States, who shall furnish satisfactory proof that he is a mariner by vocation or an able or ordinary seaman, may enlist into the navy under such rules and regulations as may be prescribed by the President of the United States: Provided, That such enlistment shall not be for less than the unexpired term of his military service nor for less than one year. And the bounty-money which any mariner or seaman enlisting from the army into the navy may have received from the United States, or from the state in to be deducted which he enlisted in the army, shall be deducted from the prize-money to money. which he may become entitled during the time required to complete his military service: And provided further, That the whole number of such transfer enlistments shall not exceed ten thousand. Bounty-money from prize Limit of transfer enlistments. Such enlisted credited to SEC. 8. And be it further enacted, That whenever any such mariner or able or ordinary seaman shall have been exempted from such draft in the seamen to be military service by such enlistment into the naval service, under such town, ward, &c. due certificate thereof, then the ward, town, township, precinct, or election on their quota. district, or county, when the same is not divided into wards, towns, townships, precincts, or election districts, from which such person has been drafted, shall be credited with his services to all intents and purposes as if he had been duly mustered into the military service under such draft. SEC. 9. And be it further enacted, That all enlistments into the naval Feb. 19, 1864. 1863, ch. 100, vol. xii. p. 794. Terms of the Federal circuit court in California, in Oregon. If circuit judge is absent, district judge to hold the term. CHAP. XI. An Act amendatory of and supplementary to "An Act to provide Circui Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the term of the circuit court of the United States for the districts in California shall be held in the city of San Francisco, in said state, on the first Monday of February, and on the second Monday of June, and on the first Monday of October, of each year; and in the city of Monterey, in said state, on the first Monday of April, and on the second Monday of August, and on the first Monday of December, of each year; and that a term of said circuit court for the State of Oregon shall be held at the city of Portland, in said state, on the first Monday of January, and on the first Monday of May, and on the first Monday of September, of each year. SEC. 2. And be it further enacted, That whenever the circuit judge is absent, or, from any cause, is unable to hold a term of the circuit court as above provided, it shall be the duty of the district judge of the district to hold such term. No term of the circuit court in one district of the tenth circuit shall be deemed to be ended from the commencement of a Circuit court in term in another district. A circuit court may be held in the different different districts districts at the same time. Ending of terms. at same time. Special sessions of circuit court, and notified. Business at such special sessions. SEC. 3. And be it further enacted, That the circuit judge of said tenth circuit may, at his discretion, appoint special sessions of the circuit court, to be held at the places where the stated sessions thereof are to be holden, as provided in this act, by an order, under his hand and seal, how appointed addressed to the marshal and clerk of said court, at least fifteen days previous to the day fixed for the commencement of such special sessions, which order shall be published by the marshal in one or more of the gazettes or newspapers within the district where such sessions are to be holden. At such special sessions it shall be competent for the said court to entertain jurisdiction of and hear and decide all cases in equity, cases in error, or on appeal, issues of law, motions in arrest of judgment, motions for new trial, and all other motions, and to award executions and other final process, and to do and to transact all other business, and direct all other proceedings in all causes pending in the circuit court, except trying any cause by jury, in the same way and with the same force and effect as the same could or might be done at the stated sessions Issues of fact if of such court. At said special sessions said court may also try and jury is waived. determine all issues of fact in cases in which, by the stipulation in writing of the parties, or their attorneys, and filed with the clerk, a jury shall be waived. No jury trials. Clerks of circuit courts. Revocation. SEC. 4. And be it further enacted, That the clerks of the circuit courts for the districts of California shall be appointed by the circuit judge of Appointment. the tenth circuit. The appointment shall be in writing under the hand and seal of the circuit judge, and shall be filed in the clerk's office and entered at large upon the records of the court. The circuit judge may revoke the appointment at any time by filing in the office of the clerk a notice in writing under his hand and seal, stating that the appointment is revoked. The revocation shall be entered on the records of the court. Oath of clerk. The clerk, before entering upon the discharge of his duties, shall take the oath of office prescribed by the act entitled "An act to prescribe an oath of office and for other purposes," approved July two, eighteen hundred and sixty-two, and such oath shall be endorsed upon his appointment. The clerk shall also execute a bond to the United States with two or more sufficient sureties in such sum as the circuit judge may designate, conditioned for the faithful performance of his duties. In case of a vacancy in the office of clerk, the district judge shall have power to fill such vacancy by appointment, which shall continue until an appointment is made by the circuit judge. 1862, ch. 128. Vol. xii. Bond. p. 502. Vacancy in office. |