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TWENTY-FIFTH CONGRESS. Sess. III. Ch.31. 1839.

All writs, &c.to be tested inthe name of thejudge.

Powers of thejudge.

The judge totake an oath ofoffice, &c.

In order to pre-vent delay, &c.

Writs of errorto be returned,&c.

Such part ofsec. 5th of theformer act as isinconsistentwith this, re-pealed.

Days on whichthe criminalcourt for Wash-ington countyshall be held.

Process inWashingtoncounty.

Adjournmentof the court,&c.

Cases wherein

court shall not be able to hold the said criminal court, then the seniorassistant judge of the said circuit court shall hold the same.

Sec. 2. And be it further enacted, That all writs and process whichshall issue from the said court, shall be tested in the name of the judgeof the said court.

Sec. 3. And be it further enacted, That the judge of the said courtshall, out of court, in all criminal matters, and breaches of the peaceand good behavior, have and exercise all the powers by law vested inthe circuit court of the United States , and the judges thereof, and whichwere vested by the acts establishing the circuit court of the District ofColumbia , and judges of the same.

Sec. 4. And be it further enacted, That the judge of the said crimi-nal court shall take the oath of office, provided by law to be taken bythe judges of the circuit court of the District of Columbia ; and shallhave power to make all needful rules of practice for the orderly andspeedy administration of the business of the same, as he shall deem ex-pedient, not inconsistent with the laws and Constitution of the UnitedStates ; and the said court is hereby authorized to provide a seal for thesame; and he shall have the same power and authority as is exercisedby the judges of the circuit court of the District of Columbia , to requirebail in all cases when by law bail may be required.

Sec. 5. And be it further enacted, In order to prevent the delay andlong confinement in the jails of said district, of prisoners sentenced tobe executed, or to the penitentiary, when the party claims the right tohave the sentence suspended, to give an opportunity of applying for awrit of error : Be it enacted, That all writs of error which may begranted to the judgment of the criminal court of either county, shall bereturned to the circuit court which may be in session, or to the nextcircuit court which may be held at the stated times fixed by law for themeeting of the same; and that so much of the fifth section of the actestablishing the criminal court as requires the writ of error to be re-turned to the circuit court of the county in which said judgment maybe rendered, be, and the same is hereby repealed. The judgment ofthe circuit court shall be certified to the clerk of the criminal court, andpreserved among the original papers in the case.

Sec. 6. And be it further enacted, That the said criminal court forWashington county, in said District, shall hereafter commence and beheld on the last Monday in December and on the second Monday inMarch and the fourth Monday of October, instead of the first Mondayin December and the first Monday in March and the first Monday ofSeptember, the days now fixed by law for holding three of the terms ofsaid court. All process whatsoever now issued, or which may be issuedin the county of Washington, in said District, returnable to the daysnow fixed by law for said county, shall be returnable and returned onthe days prescribed by this statute.

Sec. 7. And be it further enacted, That if, after the said court shallhave commenced its session, the judge should be taken sick, so as notto be able to continue the session of the court from day to day until thebusiness of the term is disposed of, it shall be lawful for him, or in hisabsence for the clerk of the said court to adjourn the same from day today or week to week until such time as he shall be able to attend to thebusiness of the said court, when the same shall be resumed as if thesession had not been interrupted. But if the sickness of the said judgeshall continue longer than the space of one month, then the chief judgeof the circuit court of the District of Columbia shall hold the said courtand continue the session; and if the said chief judge shall be unablefrom sickness or other disability to hold the said court, then the seniorassistant judge of the said circuit court shall hold the same.

Sec. 8. And be it further enacted, That in any case wherein the