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§ 77 (617). Justices may hold courts of other circuits on request.-Whenever a circuit justice deems it advisable, on account of his disability or absence, or of his having been of counsel, or being interested in any case pending in the circuit court for any district in his circuit, or of the accumulation of business therein, or for any other cause, that said court shall be held by the justice of any other circuit, he may, in writing, request the justice of any other circuit to hold the same, during a time to be named in the request; and such request shall be entered upon the journal of the circuit court so to be holden. Thereupon it shall be lawful for the justice so requested to hold such court, and to exercise within and for said district, during the time named in said request, all the powers of the justice of such circuit. (Rev. Stats. sec. 617.)

Note.--This section does not repeal the act of February 28, 1839, sec. 38 (5 Stats. 322), ante, sec. 615, providing for the transfer of suits to the circuit courts. (Supervisors v. Rogers, 7 Wall. 179.)

§ 78 (618).-When no justice is allotted to a circuit.-Whenever, by reason of death or resignation, no justice is allotted to a circuit, the chief justice of the Supreme Court may make a request as provided in the preceding section, which shall have effect in like manner until a justice is allotted to such circuit. (Rev. Stats. sec. 618.)

§ 79 (916.) Clerks. All the circuit courts of the United States shall have the appointment of their own clerks, the circuit and district judges

concurring; and in case of a disagreement between the judges, the appointment shall be made by the associate justice of the Supreme Court allotted to such circuit, except in cases otherwise specially provided for by law. (Rev. Stats. sec. 619; 20 U. S. Stats. 204.)

ALABAMA. That there shall be appointed for each of such circuit courts for said middle and northern districts [of Alabama,] by the circuit judge of the circuit, a clerk, who shall take the oath and give the bond required by law of clerks of circuit courts, and who shall discharge all the duties and be entitled to all the fees and emoluments prescribed by law for clerks of circuit courts. (18 U. S. Stats. 195.)

CALIFORNIA. The circuit judge of the southern district to appoint a clerk, to reside and keep his office at Los Angeles, who shall receive fees and compensation as now fixed by law. (24 U. S. Stats. 308.)

IDAHO. A clerk shall be appointed whose office shall be kept at the capital of the State. (26 U. S. Stats. 217.)

ILLINOIS. The clerk of the northern district shall be clerk of both divisions of said district. (24 U. S. Stats. 442.)

IOWA. The clerk of the district court shall be the clerk of the circuit court at all the places where the same is held in said district except at Des Moines. (21 U. S. Stats. 155.)

KENTUCKY. In the district of Kentucky, a clerk of the circuit court shall be appointed at each place of holding the court, in the same manner and subject to the same duties and responsibilities

which are or may be provided for clerks in independent districts. (Rev. Stats. sec. 620.)

NORTH CAROLINA.-In the western district of North Carolina the circuit and district judges shall appoint three clerks, each of whom shall be clerks both of the circuit and district courts for said western district of North Carolina. One shall reside and keep his office at Statesville, one shall reside and keep his office at Asheville, and the third shall reside and keep his office at Greensborough. (Rev. Stats. sec. 621.)

WESTERN DISTRICT OF VIRGINIA.-In the western district of Virginia the circuit and district judges shall appoint four clerks, each of whom shall be clerks both of the circuit and district courts of said district. One of these clerks shall reside and keep his office at Lynchburgh, another shall reside and keep his office at Abingdon, another shall reside and keep his office at Danville, and the fourth shall reside and keep his office at Harrisonburgh, in said district. (Rev. Stats. sec. 622.)

WESTERN DISTRICT OF WISCONSIN.-In the western district of Wisconsin the circuit and district judges shall appoint two clerks, each of whom shall be clerks both of the circuit and district courts for said district. One shall reside and keep his office at Madison, and the other shall reside and keep his office at La Crosse. (Rev. Stats. sec. 623.)

§ 80 (624). Deputy clerks.-One or more deputies of any clerk of a circuit court may be appointed by such court, on the application of the

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clerk, and may be removed at the pleasure of judges authorized to make the appointment. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office, and perform the duties of the clerk in his name until a clerk is appointed and qualified; and for the defaults and misfeasances in office of any such deputy, whether in the life-time of the clerk or after his death, the clerk, and his estate, and the sureties in his official bond, shall be liable; and his executor or administrator shall have such remedy for any such defaults or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his life-time. (Rev. Stats. sec. 624.)

DEPUTY CLERK OF CIRCUIT COURT IN INDIANA.— In the district of Indiana a deputy clerk of the circuit court must be appointed for said court held at New Albany, and a deputy clerk for said court held at Evansville, who shall reside and keep their offices at said places respectively. Each deputy shall keep in his office full records of all actions and proceedings in the circuit court held at the same place, and shall have the same power to issue all process from the said court that is or may be given to the clerks of other circuit courts in like cases. (See secs. 559, 560 and supplemental sections; Rev. Stats. sec. 625.)

NORTH DAKOTA.-The clerk of the circuit court shall reside and have his principal office at Sioux Falls, and may appoint a deputy to reside and have an office at Pierre and Deadwood. (26 U. S. Stats. 15.) The clerk of the circuit court shall appoint a deputy clerk at the place where the court is re

quired to be held in the division of the district in which such clerk shall not himself reside, the appointment to be subject to judicial approval. (26 U.S. Stats. 68.)

SOUTH CAROLINA. The office of the clerk of said court shall be kept in the cities of Charleston and of Greenville, and the clerk shall reside in one of the said cities and shall have a deputy in the other. (26 U. S. Stats. 71.)

SOUTH DAKOTA. The clerk of the circuit court shall reside at Sioux Falls, and he may appoint a deputy to reside and have an office at Pierre and Deadwood. (26 U. S. Stats. 15.)

§ 81 (626). Compensation of deputy clerks. The compensations of deputies of clerks of the circuit courts shall be paid by the clerks, respectively, and allowed in the same manner that other expenses of the clerks' offices are paid and allowed. (Rev. Stats. sec. 626.)

§ 82 (627). Commissioners.-Each circuit court may appoint, in different parts of the district for which it is held, so many discreet persons as it may deem necessary, who shall be called "commissioners of the circuit courts," and shall exercise the powers which are or may be expressly conferred by law upon commissioners of circuit courts. (Rev. Stats. sec. 627; see secs. 2025, 2026.)

A commissioner is in no sense a magistrate inferior to the court. The court cannot issue a certiorari to review proceedings before him. (Ex parte Van Orden, 3 Blatchf. 166.) Although a court of record can act only through

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