There are two districts and but one judge in Alabama, Mississippi, Arkansas, and Geor gia, and in Tennessee three districts and one judge. And by the act of March 3,1837, 5 Stat. at Large, 177, the district courts of certain dis tricts which had exercised the powers and j uris diction of circuit courts were deprived of these, and circuit courts were directed to be held. The act provided " that so much of any act or acts of congress as vests in the district courts of the United States for the districts of Indiana, Illinois, Missouri, Arkansas, the eastern district of Louisiana, the district of Mississippi, the northern district of New Yerk, the western district of Virginia, and the western district of Pennsylvania, and the district of Alabama, or either of them, the powers and jurisdiction of circuit courts, be, and the same is hereby, repealed ; and there shall hereafter be circuit courts held for said districts by the chief or associate justices of the supreme court, assigned or allotted to the circuit to which such districts may respect belong, and the district judges of such districts, severally and respectively, either of whom shall constitute a quorum ; which cir cuit courts, and the judges thereof, shall have like powers and exercise like jurisdiction as other circuit courts and the judges thereof; and the said district courts, and the judges thereof, shall have likepowers and exercise like jurisdiction as the district courts and the judges thereof in the other circuits. And a like enactment was passed July 15, 1862, taking away the circuit-conrt powers of the district courts of Texas, Florida, Wisconsin, Iowa, Minnesota, and Kansas ; and March 3, 1863, from the district courts of California. From all judgments and decrees rendered in the district courts of the United States for the western district of Louisiana, writs of error and appeals shall lie to the circuit court in the other district in said state, in the same manner as from decrees and judgments ren dered in the districts within which a circuit court is provided by this act." Whilst the increased business of the circuit courts occasioned the multiplication of these courts, the act of 1844, 5 Stat. at Large, 676, relieved the justice of the supreme court from attending more than one term of the court within any district of such circuit in any one year.
35. The circuit court for California is held six times a year, three times•in the northern and three times in the southern district. Cir cuit courts may be held in both districts at the same time In the absence of the circuit judge, the district judge may hold the circuit court. Act of February 19, 1864.
36. In all cases where the day of meeting of the circuit court is fixed for a particular day of the month, if that day happen on Sun day, then, by the act of 29th April, 1802, and other acts, the court shall be held the next day.
The act of September 24, 1789, sect. 6, pro vides that a circuit court may be adjourned from day to day by one of its judges, or, if none are present, by the marshal of the dis trict, until a quorum be convened. By the act of May 19, 1794, a circuit court in any district, when it shall happen that no judge of the supreme court attends within four days after the time appointed by law for the com mencement of the sessions, may be adjourned to the next stated term by the judge of the district, or, in ease of his absence also, by the marshal of the district. But by the 4th sec tion of the act of April 29, 1802, where only one of the judges thereby directed to hold the circuit courts shall attend, such circuit court may be held by the judge so attending.
37. By the act of March 2, 1809, certain duties are imposed on the justices of the supreme court in case of the disability of a district judge within their respective circuits to hold a district court. Sect. 1 enacts that
in case of the disability of the district judge of either of the district courts of the United States to hold a district court, and to perform the duties of his office, and satisfaetnry evi deuce thereof being shown to the justice of the supreme court allotted to that circuit in which such district court ought by law to be holden, and on application of the district at torney or marshal of such district, in writing, the said justice of the supreme court shall, thereupon, issue his order in the nature of a certiorari, directed to the clerk of such district court, requiring him forthwith to certify unto the next circuit court to be holden in said district all actions, suits, causes, pleas, or processes, civil or criminal, of what nature or kind soever, that may be depending in such district court, and undetermined, with all the proceedings thereon, and all files and papers relating thereto, which said order shall be immediately published in one or more news papers printed in said district, and at least thirty days before the session of such circuit court, and shall be deemed a sufficient notifi cation to all concerned. And the said circuit court shall, thereupon, have the same cogni zance of all such actions, suits, causes, pleas, er processes, civil or criminal, of what nature or kind soever, and in the like manner, as the district court of said district by law might have, or the circuit court, had the same been originally commenced therein, and shall pro ceed to hear and determine the same accord ingly ; and the said justice of the supreme court, during the continuance of such die ability, shall, moreover, be invested with and exercise all and singular the powers and authority vested by law in the judge of the district court in said district. And all bonds and recognizances taken for, or returnable to, such district court, shall be construed and taken to be to the circuit court to be holden thereafter, in pursuance of this act, and shall have the same force and effect in such court as they would have had in the district court to which they were taken. Provided, that nothing in this act contained shall be so con strued as to require of the judge of the su preme court, within whose circuit such district may lie, to hold any special court, or court of admiralty, at any other time than the legal time for holding the circuit court of the United States in and for such district.
Sect. 2 provides'that the clerk of such dis trict shall, during the continuance of the die ability of the district judge, continue to cer tify, as aforesaid, all suits or actions, of what nature or kind soever, which may thereafter be brought to such district court, and the same transmit to the circuit court next there after to be holden in the same district. And the said circuit court shall have cognizance of the same, in like manner as is hereinbefore provided in this act, and shall proceed to hear and determine the same. Prowled, neverthe less, that when the disability of the district judge shall cease or he removed, all suits or actions then pending and undetermined in the circuit court in which, by law, the dis trict courts have an exclusive original cogni zance, shall be remanded, and' the clerk of the said circuit court shall transmit the same, pursuant to the order of the said court, with all matters and things relating thereto, to the district court next thereafter to be holden in said district, and the same proceedings shall be had therein as would have been had the same originated, or been continued, in the said district court.