known as the district of Wyoming. Terms of the district court for said district shall be held at Cheyenne on the second Mondays in May and November; at Evanston on the second Tuesday in July; and at Lander on the first Monday in October; and the said court shall hold one session annually at Sheridan, and in said national park, on such dates as the court may order. The marshal and clerk of the said court shall each, respectively, appoint at least one deputy to reside at Evanston, and one to reside at Lander, unless he himself shall reside there, and shall also maintain an office at each of those places: Provided, That until a public building is provided at Lander, suitable accommodations for holding court in said town shall be furnished the Government at an expense not to exceed three hundred dollars annually. The marshal of the United States for the said district may appoint one or more deputy marshals for the Yellowstone National Park, who shall reside in said park.

§ 116. Circuits.

CHAPTER VI

CIRCUIT COURTS OF APPEALS

§ 117. Circuit courts of appeals.

§ 118. Circuit judges.

§ 119. Allotment of justice to the circuits.

§ 120. Chief justice and associate justices of supreme court, and district judges, may sit in circuit court of appeals.

§ 121. Justices allotted to circuits, how designated.

§ 122. Seals, forms of process, and rules.

§ 123. Marshals.

§ 124. Clerks.

§ 125. Deputy clerks-Appointment and removal.

§ 126. Terms.

§ 127. Rooms for court, how provided.

§ 128. Jurisdiction-When judgment final.

§ 129. Appeals in proceedings for injunctions and receivers.

§ 130. Appellate and supervisory jurisdiction under the bankrupt act.

§ 131. Appeals from the United States court for China.

§ 132. Allowance of appeals, etc.

§ 133. Writs of error and appeals from the supreme courts of Arizona and New Mexico.

§ 134. Writs of error and appeals from district court for Alaska to circuit court of appeals for ninth circuit-Court may certify questions

to the supreme court.

§ 135. Appeals and writs of error from Alaska-Where heard.

§ 116. There shall be nine judicial circuits of the United States, constituted as follows:

First. The first circuit shall include the districts of Rhode Island, Massachusetts, New Hampshire, Maine and Porto Rico.

Second. The second circuit shall include the districts of Vermont, Connecticut and New York.

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

Fourth. The fourth circuit shall include the districts

of Maryland, Virginia, West Virginia, North Carolina and South Carolina.

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

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

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

Eighth. The eighth circuit shall include the districts of Nebraska, Minnesota, Iowa, Missouri, Kansas, Arkansas, Colorado, Wyoming, North Dakota, South Dakota, Utah and Oklahoma.

Ninth. The ninth circuit shall include the districts of California, Oregon, Nevada, Washington, Idaho, Montana and Hawaii.

See R. S. § 604; 4 Fed. St. Ann. 59. Porto Rico was added to the first circuit by Act of Jan. 28, 1915 (38 Stat. L. 803).

$117. There shall be in each circuit a circuit court of appeals, which shall consist of three judges, of whom two shall constitute a quorum, and which shall be a court of record, with appellate jurisdiction, as hereinafter limited and established.

For the text of the Act of March 3, 1891, establishing the circuit courts of appeals, and substantially re-enacted in this chapter, see 26 Stat. L. 826; 4 Fed. St. Ann. 395; 90 Fed. XXIX; 150 Fed. V.

§ 118. There shall be in the second, seventh and eighth circuits, respectively, four circuit judges; in the fourth circuit, two circuit judges; and in each of the other circuits, three circuit judges, to be appointed by the President, by and with the advice and consent of the Senate. They shall be entitled to receive a salary at the rate of seven thousand dollars a year, each, payable monthly. Each circuit judge shall reside within his circuit. The circuit judges in each circuit shall be judges of the circuit court of appeals in that circuit, and it shall be the duty

of each circuit judge in each circuit to sit as one of the judges of the circuit court of appeals in that circuit from time to time according to law: Provided, That nothing in this section shall be construed to prevent any circuit judge holding district court or serving in the commerce court, or otherwise, as provided for and authorized in other sections of this Act.

Act of Jan. 13, 1912 (37 Stat. L. 52, Supp. (1914) Fed. St. Ann. 213).

§ 119. 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. Whenever, by reason of death or resignation, no justice is allotted to a circuit, the chief justice may, until a justice is regularly allotted thereto, temporarily assign a justice of another circuit to such circuit.

See R. S. § 606, 4 Fed. St. Ann. 238.

§ 120. The chief justice and the associate justices of the supreme court assigned to each circuit, and the several district judges within each circuit, shall be competent to sit as judges of the circuit court of appeals within their respective circuits. In case the chief justice or an associate justice of the supreme court shall attend at any session of the circuit court of appeals, he shall preside. In the absence of such chief justice, or associate justice, the circuit judges in attendance upon the court shall preside in the order of the seniority of their respective commissions. In case the full court at any time shall not be made up by the attendance of the chief justice or the

associate justice, and the circuit judges, one or more district judges within the circuit shall sit in the court according to such order or provision among the district judges as either by general or particular assignment shall be designated by the court: Provided, That no judge before whom a cause or question may have been tried or heard in a district court, or existing circuit court, shall sit on the trial or hearing of such cause or question in the circuit court of appeals.

§ 121. 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.

R. S. § 605, 4 Fed. St. Ann. 238.

§ 122. Each of said circuit courts of appeals shall prescribe the form and style of its seal, and the form of writs and other process and procedure as may be conformable to the exercise of its jurisdiction; and shall have power to establish all rules and regulations for the conduct of the business of the court within its jurisdiction as conferred by law.

§ 123. The United States marshals in and for the several districts of said courts shall be the marshals of said circuit courts of appeals, and shall exercise the same powers and perform the same duties, under the regulations of the court, as are exercised and performed by the marshal of the Supreme Court of the United States, so far as the same may be applicable.

§ 124. Each court shall appoint a clerk, who shall exercise the same powers and perform the same duties in regard to all matters within its jurisdiction, as are exer