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ing whereof any question has occurred upon which the opinions of the judges were opposed, the point upon which they so disagreed shall, during the same term, be stated under the direction of the judges and certified, and such certificate shall be entered of record. (Rev. Stats. sec. 652.) [See sec. 693.]

Civil suits-Certificate.-A certificate of division will not be granted in a civil suit where the matter in dispute does not exceed five thousand dollars. (Robbins v. Fireman's F. Ins. Co., 16 Blatchf. 232.) Although the motion under argument was addressed to the discretion of the court, yet if the questions involved the right of the matter they may be certified (U. S. v. Chicago, 7 How. 185; see instances, Hepburn v. Ellzey, 2 Cranch, 445; Grant v. Raymond, 6 Peters, 220; Luther v. Borden, 7 How. 1; Wayman v. Southard, 10 Wheat. 1); but where the division of opinion arises from some proceeding sub. sequent to the decision, it cannot be certified. (Devereaux v. Marr, 12 Wheat. 212.) The time, the process, and the nanner are subject to the absolute control of Congress. Ex parte Crane, 5 Peters, 206.) The questions which may be certified are those which arise on the trial, and uch as may be presented on the final hearing or plea

the jurisdiction. (Davis v. Braden, 10 Peters, S6.) The question certified must involve a distinct gal point, and sufficient facts must be set forth to now its bearing on the rights of the parties. (Havemeyer Iowa Co., 3 Wall. 294.) A division on a motion within e discretion of the court does not present a point which n be certified. (Davis v. Braden, 10 Peters, 288.) So a estion whether a plaintiff in ejectment may enlarge the m of the demise cannot be certified (Smith v. Vaughan, Peters, 666); nor a question in any equity case relating practice (Packer v. Nickson, 10 Peters, 410); nor has s court jurisdiction on the question of costs. (Bank of S. v. Green, 6 Peters, 26.) The question certified st be a question of law and not of fact. (Wilson v. num, 8 How. 258; Dennistoun v. Stewart, 18 How.

565; U. S. v. City Bank, 19 How. 385; Brobst v. Brobst, 4 Wall. 2.) A certificate that the judges differ in opinion is not sufficient unless it states the points on which they differ. (Wolf v. Usher, 3 Peters, 269; Sadler v. Hoover, 7 How. 646.) There must be a distinct statement of what the question is (Sadler v. Hoover, 7 How. 646); a point of law, in precise form, upon a part of the case settled and stated (Daniel v. Railroad Co., 3 Wall. 250); a single material point in the progress of the cause (White v. Turk, 12 Peters, 238), and not on the whole facts of the case (Adams v. Jones, 12 Peters, 107); where the point of difference is to be ascertained from the whole record, jurisdiction will be refused (Wolf v. Usher, 3 Peters, 269; Saunders v. Gould, 4 Peters, 392; Nesmith v. Sheldon, 6 How. 41), and the cause remanded. (Webster v. Cooper, 10 How. 54.) The power of review is strictly confined to the questions certified. (Ward v. Chamberlin, 2 Black, 430.) Where several questions are certified, one being of jurisdiction, the question of jurisdiction must be first determined. (Stillman v. Hudson Riv. R. Co., 1 Black, 582.) Where the Supreme Court is equally divided, the case will be remitted to enable the court below to take such action as may be advised. (Hannauer v. Woodruff, 10 Wall. 482.) The question whether, upon all the facts specially found by the circuit court, when a trial by jury has been waived, the plaintiff has the legal right to recover, is not one which can be taken to the Supreme Court by a certificate of division of opinion. (State Bank v. St. Louis Railroad Co., 122 U. S. 21.)

Practice and procedure.-The law gives jurisdiction over the single point on which the judges were divided, and not over the whole case. (Wayman v. Southard, 10 Wheat. 20; Ogle v. Lee, 2 Cranch, 33.) If the division is merely formal and the whole case is certified, it will be dismissed for want of jurisdiction. (Luther v. Borden, 7 How. 1.) If they divide on the whole case and certify the whole case, it will be remanded (Saunders v. Gould, 4 Peters, 392; Harris v. Elliot, 10 Peters, 25; Adams v. Jones, 12 Peters, 207; White v. Turk, 12 Peters, 238: Dennistoun v. Stewart, 18 How. 565); and if the whole caso is sent up it will be dismissed, although it is divided

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into points. (Nesmith v. Sheldon, 6 How. 41; Luther v. Borden, 7 How. 1; Webster v. Cooper, 19 How. 54; Dennistoun v. Stewart, 18 How. 565.) But if several questions involve but little beyond one point, they may be taken upon certificate. (Leland v. Wilkinson, 10 Peters, 294; United States v. Chicago, 7 How. 185.) If the facts are presented in a partial and imperfect form, the case will be remanded. (Perkins v. Hart, 11 Wheat. 237; United States v. City Bank, 19 How. 385; Ogilvie v. Knox Ins. Co., 18 How. 577.) If the particular point certified is not distinctly stated, the case will be dismissed. (Wolf v. Usher, 3 Peters, 269; Sadler v. Hoover, 7 How. 646.) If a certified question pertains to the jurisdiction of the circuit court, and the justices are divided in opinion, no decision will be made on the other points (Silliman v. Hudson Riv. R. Co., 1 Black, 582), and the case will be remanded. (Hannauer v. Woodruff, 10 Wall. 482.) The judgment upon a certificate of division will not prevent the bringing of a writ of error upon the final judgment. Ogle v. Lee, 2 Cranch, 33.)

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§ 131. Tennessee-When circuit judges may act as district judges.

§ 132. Adjournment-Non-attendance of the judge.

§ 133. Alabama, California and other States.

$134. Kentucky and Indiana.

§ 135. Intermediate terms.

§ 136. Business certified to circuit court in case of disability of district judge.

§ 137. Suits brought in district court after order to certify to circuit court § 138. Powers of district judge vested, during disability, in circuit judge.

§ 139. Preparatory examinations and orders in admiralty cases by district clerk.

§ 140.

District judge designated to perform duties of disabled judge. § 141. Designation of judge in case of accumulation of business,

§ 142. Designation of another judge to be by chief justice.

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§ 144. $ 145

Duty of judge to comply with designation.

§ 146.

Designation of district judge when public interest requires.
Expenses by district judge designated to southern district of New
York.

§ 147. Of district judges in Florida.

§ 148.

§ 149.

Of judges of northern and southern district of New York.
When district judge of eastern district of New York may act in
southern district.

§ 150. When district judge is interested in suit pending before him.
§ 151. Continuance by vacancy in office of district judge..

152. Vacancy in office of district judge.

153. Recognizances to a certain term in southern district of New York.

154. Special sessions for trial of criminal causes.

155. Special sessions for criminal trials near the place of the offense.

156. Adjourned terms, Missouri.

157. California, Oregon and Nevada, special sessions.

158. Kentucky and Indiana, special terms.

159. Mississippi, special terms.

160. Tennessee, special terms.

161. North Carolina, special terms.

162. Virginia and Wisconsin, special terms. 63. Special terms, general rule.

64. Special term, business transacted at.

65. Adjournment in absence of the judges.

66. Adjournment in absence of the judges. by written orders.

Terms of courts.

$ 120. The regular ms of the district courts shall be held at the nes and places following, but when any of said tes shall fall on Sunday, the term shall commence the following day. (Rev. Stats. sec. 572. S. v. Cornell, 2 Mason, 91.)

See

LABAMA. - Northern district, Huntsville, first Monin April; second Monday in October.1

outhern division, Birmingham, first Monday in March September.2

iddle division, Montgomery, first Monday in May and ember. 3

uthern district, Mobile, first Monday in May; fourth day in November.

RKANSAS.-Eastern district, Little Rock, first Monin April and October. 5

stern district, Helena, second Monday in March October.

uthern division, Texarkana, third Monday in May November.7

rthern division, Fort Smith, first Monday in FebruMay, August and November.8

LIFORNIA. --Northern district, San Francisco, first lay in February; second Monday in July; fourth lay in November. 9

FED. PROC.-36.

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