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§ 62 (604).

CHAPTER V.

JUDICIAL CIRCUITS.

§ 62. Circuits.

Circuits. The judicial districts of the United States are divided into nine circuits, as follows:

First.

The first circuit includes the districts of Rhode Island, Massachusetts, New Hampshire, and

Maine.

Second.

The second circuit includes the districts of Vermont, Connecticut, and New York.

Third. The third circuit includes the districts of Pennsylvania, New Jersey, and Delaware.

Fourth. The fourth circuit includes the districts of Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

Fifth. The fifth circuit includes the districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas.

Sixth. The sixth circuit includes the districts of Ohio, Michigan, Kentucky, and Tennessee.

Seventh. The seventh circuit includes the districts of Indiana, Illinois, and Wisconsin.

Eighth. The eighth circuit includes the districts of Colorado, Nebraska, Minnesota, Iowa, Missouri, Kansas, Arkansas, North Dakota,' South Dakota,* and Wyoming.3

1 Added by 25 U. S. Stats. 682. 2 Added by 25 U. S. Stats. 682. 3 Added by 26 U. S. Stats. 225.

Ninth.

The ninth circuit includes the districts

6

of California, Oregon, Nevada, Idaho, Washington,5 and Montana. (19 U. S. Stats. 61; 21 U. S. Stats. 10; Rev. Stats. sec. 604.)

4 Added by 26 U. S. Stats. 217.

5 Added by 25 U. S. Stats. 682.

6 Added by 25 U. S. Stats. 632, sec. 21.

TERRITORIES

ASSIGNED.-Ordered that under section 15 of the act approved March 3, 1891, entitled, "An act to establish circuit courts of appeals, and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," the territories of Alaska and Arizona are assigned to the ninth judicial circuit, and the territories of New Mexico, Oklahoma and Utah are assigned to the eighth judicial circuit. (139 U. S., Appendix.)

CHAPTER VI.

CIRCUIT COURTS.-ORGANIZATION.

§ 63. Justices allotted to circuits, how designated.

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§ 70.

§ 71.

Justices of Supreme Court to attend once in every two years.
Judges of circuit courts may sit apart.

§ 72.

Circuit courts held at same time in different districts.

§ 73.

§ 74.

§ 75.

§ 76.

§ 77.

§ 78.

§ 79.

Clerks.

Criminal terms in the southern district of New York, how held.
When district judges may sit in cases of appeal or error to their
own decisions.

When suits transferred from one circuit to another.
Causes certified back.

Justices may hold courts of other circuits on request.
When no justice is allotted to a circuit.

§ 80. Deputy clerks.

§ 81. Compensation of deputy clerks.

§ 82. Commissioners.

§ 83. Marshals not to be commissioners.

§ 63 (605). Justices allotted to circuits, how designated.—The words "circuit justice" and "justice of a circuit," when used in this title, shall be understood to designate the justice of the Supreme Court who is allotted to any circuit; but the word "judge," when applied generally to any circuit, shall be understood to include such justice. (Rev. Stats. sec. 605.)

§ 64 (606). Allotment of the justices to the circuits.-The chief justice and associate

justices of the Supreme Court shall be allotted among the circuits by an order of the court, and a new allotment shall be made whenever it becomes necessary or convenient by reason of the alteration of any circuit, or of the new appointment of a chief justice or associate justice, or otherwise. If a new allotment becomes necessary at any other time than during a term, it shall be made by the chief justice, and shall be binding until the next term and until a new allotment by the court. (Rev. Stats. sec. 606.)

Note. No commission is necessary to authorize the justice of the Supreme Court to sit as circuit justice. (Stuart v. Laird, 1 Cranch, 299.) The justices of the Supreme Court are members of the circuit courts of the United States, and while traveling to attend such courts are in the discharge of a duty imposed by law. (Cunningham v. Neagle, 135 U. S. 1.) They have the right to protection, while in discharge of their official duties, if threatened with personal violence or death. (Cunningham v. Neagle, 135 U. S. 1.)

§ 65 (607). Circuit judges. For each circuit there shall be appointed a circuit judge, who shall have the same power and jurisdiction therein as the justice of the Supreme Court, allotted to the circuit, and shall be entitled to receive a salary at the rate of six thousand dollars a year, payable quarterly on the first days of January, April, July, and October. Every circuit judge shall reside within his circuit. (Rev. Stats. sec. 607.)

$66. Additional circuit judge.—That there shall be appointed for the second circuit, by the President of the United States, by and with the advice and consent of the Senate, in addition

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to the present circuit judge, another circuit judge, who shall have the same qualifications and shall have the same power and jurisdiction therein that the present circuit judge has under existing laws, and who shall be entitled to the same compensation as the present circuit judge; provided, that the applications and proceedings therein provided for by sections two thousand and eleven, two thousand and twelve, two thousand and thirteen, and two thousand and fourteen of the Revised Statutes shall be made and taken before the senior circuit judge of the second circuit; but in his absence or inability to act under said sections, or any of them, such applications and proceedings may be made and had before the junior circuit judge in said circuit. (Approved March 3, 1887; 24 U. S. Stats. 492.)

§ 67 (608). Circuit courts, where established.-Circuit courts are established as follows: One for the three districts of Alabama, one for the eastern district of Arkansas, one for the southern district of Mississippi, and one for each district in the States not herein named; and shall be called the circuit courts for the districts for which they are established. (Rev. Stats. sec. 608.)

ALABAMA. There shall be, and is hereby, established a circuit court of the United States for the middle district of Alabama, as said district is now constituted by law, to be held in the city of Montgomery, and a like court for the northern district of Alabama, as said district is now constituted by law, to be held in the cty of Huntsville. (18 U. S. Stats. 195.) The circuit court of the United

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