United States Statutes at Large/Volume 5/26th Congress/1st Session/Chapter 43
Chap. XLIII.—An Act in addition to the acts respecting the judicial system of the United States.[1]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Adjournment of the court. That, whenever it shall so happen that neither of the judges of the circuit court of the United States shall attend at the commencement of a session of the said court, or at the time appointed on any adjournment thereof, to open and adjourn the said court in person, either of the said judges may, by a written order to the marshal, adjourn the court from time to time, as the case may require, to any time or times antecedent to the next stated term of the said court;Suits, actions, &c. not affected thereby. and all suits, actions, writs, processes, recognizances, and other proceedings, pending in such court, or returnable to, or to be acted upon at such court, shall have day and be returnable to, and be heard, tried, and determined, at such adjournment or adjournments in the same manner and with the same effect as if the said court had been duly opened and held at the commencement of such session, or other day appointed therefor;Bound persons required to appear. and all persons bound or required to appear at the said court, either as jurymen, witnesses, parties, or otherwise, shall be bound and required to attend at such adjournment or adjournments accordingly.
Special sessions.Sec. 2. And be it further enacted, That the presiding judge of any circuit court may, at his discretion, appoint special sessions thereof, to be held at the places where the stated sessions thereof are holden; at which special sessions it shall be competentJurisdiction of the court at special sessions. for the said court to entertain jurisdiction of and to hear and decide all cases in equity, cases in error, or on appeal, issues of law, motions in arrest of judgment, motions for a new trial, and all other motions, and to award executions and other final process, and to do and transact all other business, and direct all other proceedings, in all causes pending in the circuit court, except trying any cause by a jury, in the same way and with the same force and effect as the same could or might be done at the stated sessions of such court.
Writs of error.Sec. 3. And be it further enacted, That writs of error shall lie to the Supreme Court from all judgments of a circuit court, in cases brought there by writs of error from the district court, in like manner and under the same regulations, limitations, and restrictions, as are now provided by law for writs of error to judgments rendered upon suits originally brought in the circuit court.
When and how judgments, &c. shall cease to be liens.Sec. 4. And be it further enacted, That judgments and decrees hereafter in the circuit and district courts of the United States, within any State, shall cease to be liens on real estate or chattels real in the same manner and at like periods as judgments and decrees of the courts of such State now cease by law to be liens thereon; and the respective clerks of the United States courts in such State shall receive the like fees for making searches and certificates respecting such liens as are now allowed for like services to the clerks of the supreme court of such State; and the eighth, ninth, and tenth sections of the act entitledThe 8th, 9th and 10th secs. act of 3d March 1839, ch. 81, repealed. “An act to amend the act of the third of March, one thousand eight hundred and thirty-seven, entitled ‘An act supplementary to an act to amend the judicial system of the United States, and for other purposes,’ passed March third, one thousand eight hundred and thirty-nine,” are hereby repealed.
Approved, July 4, 1840.
- ↑ An act concerning the Supreme Court of the United States, June 17, 1844, chap. 96.