shall proceed to hear and determine the same. (Rev. Stats. sec. 569.)

This section includes civil and criminal cases, and under it this court can revise a judgment of the superior court which was transferred to the district court of the northern district of Florida. (orsyth v. U. S., 9 How. 571.) The supplementary act of 1848 (9 Stats. 212) applies only to cases that were pending in the territorial courts of Wisconsin, and not those pending in the Supreme Court at the tine of its admission as a State. (McNulty v. Batty, 10 How. 72.) If the case pending is not of a Federal character it cannot be transferred to the district court. (McNulty v. Batty, 10 How. 72; Ames v. Colorado Central R. R. Co., 4 Dill. 251; Gaffney v. Gillette, 4 Dill. 264.)

§ 60. (570). Commissioners to administer oaths to appraisers. Any district judge may appoint commissioners, before whom appraisers of vessels, or goods and merchandise seized for breaches of any law of the United States, may be sworn? and such oaths, so taken, shall be as effectual as if taken before the judge in open court. (See sec. 938; Rev. Stats. sec. 570.)

§ 61. Circuit court powers of certain district courts abolished. - Circuit court powers conferred on certain district courts by the Rev. Stats., sec. 655, were abolished by act of Congress approved February 6, 1889. (25 U. S. Stats. 655.)

CHAPTER V.

JUDICIAL CIRCUITS.

§ 62. Circuits.

§ 62 (604). Circuits.—The judicial districts of the United States are divided into nine circuits, as follows:

First. The first circuit includes the districts of Rhode Island, Massachusetts, New Hampshire, and Maine.

Second.

The second circuit includes the districts of Vermont, Connecticut, and New York.

Third. The third circuit includes the districts of Pennsylvania, New Jersey, and Delaware.

Fourth. The fourth circuit includes the districts of Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

Fifth. The fifth circuit includes the districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas.

Sixth. The sixth circuit includes the districts of Ohio, Michigan, Kentucky, and Tennessee.

Seventh. The seventh circuit includes the districts of Indiana, Illinois, and Wisconsin.

Eighth. The eighth circuit includes the districts of Colorado, Nebraska, Minnesota, Iowa, Missouri, Kansas, Arkansas, North Dakota, South Dakota, and Wyoming.3

1 Added by 25 U. S. Stats. 652. 2 Added by 25 U. S. Stats. 682. 3 Added by 26 U. S. Stats, 225.

1

2

4

Ninth. The ninth circuit includes the districts of California, Oregon, Nevada, Idaho, Washington, and Montana. (19 U. S. Stats. 61; 21 U. S. Stats. 10; Rev. Stats. sec. 604.)

6

4 Added by 26 U. S. Stats. 217. 5 Added by 25 U. S. Stats. 682.

6 Added by 25 U. S. Stats. 682, sec. 21.

TERRITORIES

ASSIGNED.-Ordered that under section 15 of the act approved March 3, 1891, entitled, "An act to establish circuit courts of appeals, and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," the territories of Alaska and Arizona are assigned to the ninth judicial circuit, and the territories of New Mexico, Oklahoma and Utah are assigned to the eighth judicial circuit. (139 U. S., Appendix.)

§ 70.

71.

Justices of Supreme Court to attend once in every two years.
Judges of circuit courts may sit apart.

Circuit courts held at same time in different districts.

Criminal terms in the southern district of New York, how held.
When district judges may sit in cases of appeal or error to their
own decisions.

When suits transferred from one circuit to another.
Causes certified back.

Justices may hold courts of other circuits on request.
When no justice is allotted to a circuit.
Clerks.

§ 80. Deputy clerks.

§ 81. Compensation of deputy clerks.

§ 82. Commissioners.

§ 83. Marshals not to be commissioners.

§ 63 (605). Justices allotted to circuits, how designated. The words "circuit justice and "justice of a circuit," when used in this title, shall be understood to designate the justice of the Supreme Court who is allotted to any circuit; but the word "judge," when applied generally to any circuit, shall be understood to include such justice. (Rev. Stats. sec. 605.)

§ C4 (606). Allotment of the justices to the circuits.-The chief justice and associate

justices of the Supreme Court shall be allotted among the circuits by an order of the court, and a new allotment shall be made whenever it becomes necessary or convenient by reason of the alteration of any circuit, or of the new appointment of a chief justice or associate justice, or otherwise. If a new allotment becomes necessary at any other time than during a term, it shall be made by the chief justice, and shall be binding until the next term and until a new allotment by the court. (Rev. Stats. sec. 606.)

Note. No commission is necessary to authorize the justice of the Supreme Court to sit as circuit justice. (Stuart v. Laird, 1 Cranch, 299.) The justices of the Supreme Court are members of the circuit courts of the United States, and while traveling to attend such courts are in the discharge of a duty imposed by law. (Cunningham v. Neagle, 135 U. S. 1.) They have the right to protection, while in discharge of their official duties, if threatened with personal violence or death. (Cunningham v. Neagle, 135 U. S. 1.)

§ 65 (607). Circuit judges. For each circuit there shall be appointed a circuit judge, who shall have the same power and jurisdiction therein as the justice of the Supreme Court, allotted to the circuit, and shall be entitled to receive a salary at the rate of six thousand dollars a year, payable quarterly on the first days of January, April, July, and October. Every circuit judge shall reside within his circuit. (Rev. Stats. sec. 607.)

$ 66.

Additional circuit judge.-That there shall be appointed for the second circuit, by the President of the United States, by and with the advice and consent of the Senate, in addition