Sect. 3 enacts that, in case of the district judge in any district being unable to dis charge his duties as aforesaid, the district clerk of such district shall be authorized and empowered, by leave or order of the circuit judge of the circuit in which such district is included, to take, during such disability of the district judge, all examinations and depo sitions of witnesses, and to make all necessary rules and orders preparatory to the final hear ing of all causes of admiralty and maritime jurisdiction. See 1 Gall. 337; 1 Cranch, 309; note to Haybarn's case, 3 Dall. 410.
If the disability of the district judge ter minate in his cipath, the circuit court must remand the ceRified causes to the district court. Ex parte United States, 1 Gall. 337.
3S. So also in case of the disability of any district judge to hold a district or circuit court, the circuit judge may appoint the dis trict judge of any other judicial district within the same circuit to hold the district or circuit court; and in case the circuit judge cannot per form the duty, .the chief justice of the United States is to appoint in manner aforesaid. 9 Stat. at Large, 442. And this may be done whenever the public interests require it: so that each of the district judges may be hold ing court at the same time. 10 Stat. at Large, 5.
By the first section of the act of March 3, 1821, in all suits and actions in any district court of the United States, in which it shall ap pear that the judge of such court is any ways concerned in interest therein, or has been of counsel for either party, or is so related to or connected with either party as to render it improper for him, in his opinion, to sit on the trial of such suit or action, it shall be the duty of such judge, on application of either party, to cause the fact to be entered on the records of the court, and also an order that an authenticated copy thereof, with all the proceedings in such suit or action, shall be forthwith certified to the next circuit court of the district, and, if there be no circuit court in such district, to the next circuit court in the state, and, if there be no circuit court in such state, to the most convenient circuit court in an adjacent state ; which circuit court shall, upon such record being filed with the clerk thereof, take cognizance thereof, in like man ner as if such suit or action had been ori ginally commenced in that court, and shall proceed to hear and determine the same accordingly; and the jurisdiction of such cir cuit court shall extend to all such cases to be removed as were cognizable in the district court from which the same was 'removed.
And the act of February 28, 1839, sect. 8, enacts "That in all suits and actions, in any circuit court of the United States, in which it shall appear that both the judges thereof, or -the judge thereof, who is solely competent by law to try the same, shall be any ways con cerned in interest therein, or shall have been of counsel for either party, or is or arc so related to or connected with either party as cto render:it improper for him or them,-in his or their opinion, to sit in the trial of such suit or action, it shall be the duty of such judge, or judges, on application of either party, to cause the fact to be entered on the records of the court, and also to make an order-that an authenticated copy thereof, with all the proceedings in such suit or action, shall be certified to the most convenient cir cuit court in the next adjacent state, or in the neat adjacent circuit, which circuit court shall, upon such record and order being filed with the clerk thereof, take cognizance thereof in the same manner as if such suit or action had been rightfully and originally commenced therein, and shall proceed to hear and deter mine the same accordingly; and the proper process for the due execution of the judgments or decree rendered therein shall run into„ and may be executed in, the district where such judgment or decree was rendered, and also into the district from which such suit or action -was removed." By sect. 1 of the act of March 3, 1863, it is provided that whenever the judge of the supreme court for any circuit, from disability, absence, the accumulation of business in the circuit court in any district within'his circuit, or from his having been of counsel or being interested in any case pending, etc., or from any other cause, he may request in writing the judge of any other circuit to hold the circuit court in such district; and thereupon it shall be lawful for the judge so requested to hold the circuit court in such district.