No. 2581. Book 4, tit. 4, div. 2, chap. 1, sec. 1, § 3. No. 2582. 2581. In case a vacancy exists by the death of the justice of the supreme court to whom the district was allotted, the district judge may, under the act of congress, discharge the official duties of such deceased judge, (a) except that he cannot sit upon a writ of error from a decision in the district court.(b) §3. Of the officers of the circuit court. 2582. There are various officers attached to the circuit courts, the principal of whom are: 1. The clerk. This officer is appointed by the court, and in case of disagreement between the judges, the appointment shall be made by the presiding judge of the court. (c) His duties are to issue writs, make and. keep all the records of the court. 2. Attorneys, who have the usual powers of attorneys. They are admitted on motion, after having been admitted in other courts for a certain length of time, according to the rules of the respective courts. This being a court of law and equity, and it being an appellate tribunal, the persons appointed to conduct the business of suitors therein, are designated under the various appellations of attorneys, counsellors, advocates, solicitors and proctors. The offices of proctor and advocate are derived from the civil and canon law, and are used in admiralty proceedings, as corresponding with attorney and counsellor in proceedings at law; in equity proceedings they bear the names of solicitor and counsellor. 3. The district attorney is an officer appointed by the president, by and with the consent of senate. His duty is to prosecute, in such district for which he is appointed, all delinquents, for crimes and offences cognizable under the authority of the United States, (a) Pollard v. Dwight, 4 Cranch, 428. See Act of April 29, 1802, s. 5. (6) United States v. Lancaster, 5 Wheat. 434. (c) Act of February 28, 1839, s. 2. No. 2583. Book 4, tit. 4, div. 2, chap. 1, sec. 1, § 4, 5. No. 2584. and all civil actions, in which the United States shall be concerned, except in the supreme court, in the district in which that court shall be holden. (a) 4. The marshal of the district where the court sits, is the ministerial officer of the circuit court. 5. A crier and tipstaves are sometimes appointed, to make proclamations and keep order. § 4. Of the time and place of holding circuit courts. 2583. By sundry acts of congress it is provided: 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 district, until a quorum be convened.(b) That when it shall happen that no judge of the supreme court attends within four days after the time appointed by law, for the commencement of the session, a circuit court may be adjourned to the next stated term, by the judge of the district, or, in the case of his absence also, by the marshal of the district.(c) That when only one of the judges directed to hold the circuit shall attend, such circuit court may be held by the judge so attending. (d) § 5. Of the removal of causes in certain cases. 2584. To prevent the inconveniences which might happen in certain cases, the act of congress of March 2, 1809, imposes certain duties on the circuit judge, when the district judge is unable to hold a district court. If the disability of the district judge terminates in (a) Act of September 24, 1789, s. 35. (d) Act of April 29, 1802, s. 4. No. 2584. Book 4, tit. 4, div. 2, chap. 1, sec. 1, § 5. No. 2584. his death, the circuit judge must remand the certified causes to the district court. (a) By the act of March 3, 1821, s. 1, it is directed that in all suits and actions in any district court of the United States, in which it shall appear that the judge of such court is any ways concerned in interest, 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 the like manner as if such suit or action had been originally commenced in that court, and shall proceed to hear and determine the same accordingly; and the jurisdiction of such circuit court shall extend to all such cases so removed, as were cognizable in the district court from which the same was removed. And by the act of February 28, 1839, s. 8, it is enacted, 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 concerned in interest therein, or shall have been of counsel for either party, or is, or are so related to or connected with either party as to render it improper for him or them, in his or their opinion, to (a) Ex parte United States, 1 Gall. 337. No. 2585. Book 4, tit. 4, div. 2, chap. 1, sec. 2. No. 2585. 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 forthwith certified to the most convenient circuit court in the next adjacent state, or in the next 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 termine the same accordingly, and the proper for the due execution of the judgment 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. SECTION 2.-OF THE JURISDICTION OF THE CIRCUIT COURTS. 2585. The circuit courts are courts of limited jurisdiction, and like all other courts where the jurisdiction is limited, the presumption of law is that a case is not within their jurisdiction, unless the contrary appears. (a) And in all cases the jurisdiction of the court must appear from the record, per se, strictly considered.(b) The usual way is to state the names of the parties thus: "A B, a citizen of the state of Ohio, against C D, a citizen of the state of Georgia."(c) The jurisdiction of the circuit courts is either civil or criminal. (a) Turner v. Bank of North America, 4 Dall. 11; Wood v. Mann, 1 Sumner, 580; Griswold v. Sedgwick, 1 Wend. 131; McCormick v. Sullivant, 10 Wheat. 192; Postmaster Gen. v. Stockton, 12 Pet. 584. (b) Fisher v. Cockerell, 5 Pet. 248; Lessee of Reed v. Marsh, 13 Pet. (c) Wood v. Wagnon, 2 Cranch, 1. No. 2586. Book 4, tit. 4, div. 2, chap. 1, sec. 2, § 1, art. 1. § 1. Of the civil jurisdiction of the circuit court. No. 2589. 2586. The civil jurisdiction is either at law or in equity. Art. 1.-Of the civil jurisdiction of circuit courts at law. 2587. This jurisdiction is exercised in four ways: 1, it is original; 2, by appeal; 3, by removal of causes from state courts; 4, by mandamus. 1. Of the original jurisdiction of the circuit courts at law. 2588. The original jurisdiction of the circuit courts at law, may be considered, first, as to the matter in controversy; secondly, with regard to the parties litigant. 1° The matter in controversy. 2589. To give jurisdiction to the circuit court, the matter in dispute must exceed five hundred dollars. (a) The test as to the amount is not the result of the verdict, but the amount claimed in the declaration; as, for example, in actions to recover damages for torts, the sum laid in the declaration is the criterion as to the matter in dispute. (b) So in an action of covenant, on an instrument under seal, containing a penalty less than five hundred dollars, the court has jurisdiction if the declaration demand more than that sum.(c) In ejectment, the value of the land should appear in the declaration, (d) but though the jury do not find the value of the land in dispute, yet, if evidence be given on the trial, that the value exceeds five hundred dollars, it is sufficient to fix the jurisdiction; or the court may ascertain its value by affidavits.(e) When the matter in dispute arises out of a local injury, for which a local action must be brought, in (a) Act of September 24, 1789, s. 11. (6) Hulscamp v. Teel, 2 Dall. 356; Gordon v. Longest, 16 Pet. 97. (c) Martin v. Taylor, 1 Wash. C. C. 1. (d) Lessee of Lanning v. Dolph, 4 Wash. C. C. 624; Liter v. Green, 8 Cranch, 220. (e) Den v. Wright, 1 Pet. C. C. 73. |