work done during the year, and shall make such recommendations for the betterment of the service as he may desire. failure of boilers. SEC. 8. That in the case of accident resulting from, Accidents from failure from any cause of a locomotive boiler or its appurtenances, resulting in serious injury or death to one or more persons, a statement forthwith must be made in writing of the fact of such accident, by the carrier owning or operating said locomotive, to the chief inspector. Whereupon the facts concerning such accident shall be Investigation. investigated by the chief inspector or one of his assistants, or such inspector as the chief inspector may designate for that purpose. And where the locomotive is disabled Disabled parts to the extent that it can not be run by its own steam, the part or parts affected by the said accident shall be preserved by said carrier intact, so far as possible, without hindrance or interference to traffic until after said inspection. The chief inspector or an assistant or the desig- Detailed renated inspector making the investigation shall examine or cause to be examined thoroughly the boiler or part affected, making full and detailed report of the cause of the accident to the chief inspector. to be preserved. ports. Reports by Interstate sion of cause, etc. The Interstate Commerce Commission may at any torte Comtime call upon the chief inspector for a report of any merce Commisaccident embraced in this section, and upon the receipt of said report, if it deems it to the public interest, make reports of such investigations, stating the cause of accident, together with such recommendations as it deems proper. Such reports shall be made public in such manner as the commission deems proper. Neither said report Reports, etc., nor any report of said investigation nor any part thereof damage suits. shall be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in said report or investigation. not admitted in lations by car SEC. 9. That any common carrier violating this Act, Penalty for vioor any rule or regulation made under its provisions or riers. any lawful order of any inspector shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered in a suit or suits to be brought by the United States attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed; and it shall be Duty of district the duty of such attorneys, subject to the direction of the Attorney-General, to bring such suits upon duly verified information being lodged with them, respectively, of such violations having occurred; and it shall be the duty Information of the chief inspector of locomotive boilers to give infor- tor. mation to the proper United States attorney of all violations of this Act coming to his knowledge. attorneys to bring suits. from chief inspec priations. SEC. 10. That the total amounts directly appropriated Limit of approto carry out the provisions of this Act shall not exceed for any one fiscal year the sum of three hundred thousand dollars. Mar. 3, 1911. [H. R. 32866.] [Public, No. 452.] 36 Stat. L., pt. 1, p. 1027. Diplomatic and priations. CHAP. 208.—An Act Making appropriations for the Diplomatic and Consular Service for the fiscal year ending June thirtieth, nineteen hundred and twelve. Be it enacted by the Senate and House of Representatives consular appro- of the United States of America in Congress assembled, That the following sums be, and they are hereby, severally appropriated, in full compensation for the Diplomatic and Consular Service for the fiscal year ending June thirtieth, nineteen hundred and twelve, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely: Investigating Samoan claims. INVESTIGATION OF CLAIMS OF AMERICAN CITIZENS FOR For carrying into effect the Act of Congress approved June twenty-third, nineteen hundred and ten, for the investigation of claims of American citizens for losses growing out of the joint naval operations of the United Štates and Great Britain in and about the town of Apia, in the Samoan Islands, in the months of March, April, and May, eighteen hundred and ninety-nine, the King of Sweden by an international award having found the United States and Great Britain to be responsible for such losses, seven hundred and fifty dollars. Relief of American seamen. RELIEF AND PROTECTION OF AMERICAN SEAMEN. Relief and protection of American seamen in foreign countries, and shipwrecked American seamen in the Territory of Alaska, in the Hawaiian Islands, Porto Rico, the Panama Canal Zone, and the Philippine Islands, thirty thousand dollars. Mar. 3, 1911. [H.R. 31237.] CHAP. 209.—An Act Making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and [Public, No.453.] twelve. 36 Stat. L., pt. 1, p. 1037. (Payment of exchange by special disbursing agents serving in foreign countries; Construction, operation, and maintenance of laundries at military posts in the island possessions; Transportation of the Army and its supplies to the insular possessions. See pp. 61, 63, 64.) CHAP. 231.—An Act To codify, revise, and amend the laws relating to the judiciary. Mar. 3, 1911. [S. 7031.] [Public, No. 475.] 36 Stát. L., pt. Be it enacted by the Senate and House of Representatives 1, p. 1087. of the United States of America in Congress assembled, That the laws relating to the judiciary be, and they Judicial Code. hereby are, codified, revised, and amended, with title, chapters, head-notes, and sections, entitled, numbered, and to read as follows: p. 93. designated SEC. 1. In each of the districts described in chapter District courts. five, there shall be a court called a district court, for which there shall be appointed one judge, to be called a district. district judge; except that in the northern district of Additional for California, the northern district of Illinois, the district of States. Maryland, the district of Minnesota, the district of Nebraska, the district of New Jersey, the eastern district of New York, the northern and southern districts of Ohio, the district of Oregon, the eastern and western districts of Pennsylvania, and the western district of Washington, there shall be an additional district judge in each, and in the southern district of New York, three additional district judges: Provided, That whenever a vacancy shall Provisos. occur in the office of the district judge for the district of ior judge. Maryland, senior in commission, such vacancy shall not be filled, and thereafter there shall be but one district judge in said district: Provided further, That there shall be one judge for the eastern and western districts of South Carolina, one judge for the eastern and middle Maryland sen Service in two districts. R. S., sec. 552. p. 93. Alabama. Residence quired. districts of Tennessee, and one judge for the northern and southern districts of Mississippi: Provided further, That the district judge for the middle district of Alabama shall continue as heretofore to be a district judge for the northern district thereof. Every district judge shall re-reside in the district or one of the districts for which he is appointed, and for offending against this provision shall be deemed guilty of a high misdemeanor. Pay of judges. Clerks. R. S., sec. 555, p. 93. Deputy clerks. and tenure. p. 94. SEC. 2. Each of the district judges shall receive a salary of six thousand dollars a year, to be paid in monthly installments. SEC. 3. A clerk shall be appointed for each district court by the judge thereof, except in cases otherwise provided for by law. SEC. 4. Except as otherwise specially provided by law, the clerk of the district court for each district may, with R. S., sec. 558, the approval of the district judge thereof, appoint such number of deputy clerks as may be deemed necessary by such judge, who may be designated to reside and maintain offices at such places of holding court as the judge may determine. Such deputies may be removed at the pleasure of the clerk appointing them, with the concurrence of the district judge. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office and perform the duties of the clerk, in his name, until a clerk is appointed and qualified; and for the default or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk and his estate and the sureties on his official bond shall be liable; and his executor or administrator shall have such remedy for any such default or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime. Criers and bail iffs. p. 136. SEC. 5. The district court for each district may appoint R. S., sec. 715, a crier for the court; and the marshal may appoint such number of persons, not exceeding five, as the judge may determine, to wait upon the grand and other juries, and for other necessary purposes. Preservation of records. p. 94. SEC. 6. The records of a district court shall be kept at R. S., sec. 562, the place where the court is held. When it is held at more than one place in any district and the place of keeping the records is not specially provided by law, they shall be kept at either of the places of holding the court which may be designated by the district judge. Change of terms not to affect pending cases. p. 101. SEC. 7. No action, suit, proceeding, or process in any district court shall abate or be rendered invalid by reason R., sec. 573. of any act changing the time of holding such court, but the same shall be deemed to be returnable to, pending, and triable in the terms established next after the return day thereof. Continuance of cases beyond reg SEC. 8. When the trial or hearing of any cause, civil or ular terms. criminal, in a district court has been commenced and is in R. S., sec. 746, progress before a jury or the court, it shall not be stayed or discontinued by the arrival of the time fixed by law for p. 141. another session of said court; but the court may proceed therein and bring it to a conclusion in the same manner and with the same effect as if another stated term of the court had not intervened. for equity and adR. S., sec. 574, Orders in cham SEC. 9. The district courts, as courts of admiralty and Always open as courts of equity, shall be deemed always open for the miralty business. purpose of filing any pleading, of issuing and returning p. 101. mesne and final process, and of making and directing all interlocutory motions, orders, rules, and other proceedings preparatory to the hearing, upon their merits, of all causes pending therein. Any district judge may; bers, etc. upon reasonable notice to the parties, make, direct, and award, at chambers or in the clerk's office, and in vacation as well as in term, all such process, commissions, orders, rules, and other proceedings, whenever the same are not grantable of course, according to the rules and practice of the court. for trials. Special terms. 102. R. S., sec. 581, SEC. 10. District courts shall hold monthly adjourn- Adjournments ments of their regular terms, for the trial of criminalR. S., sec. 578, causes, when their business requires it to be done, in order P. 102. to prevent undue expenses and delays in such cases. SEC. 11. A special term of any district court may be held at the same place where any regular term is held, p. or at such other place in the district as the nature of the business may require, and at such time and upon such notice as may be ordered by the district judge. Any business may be transacted at such special term which might be transacted at a regular term. of in absence p. 102. SEC. 12. If the judge of any district court is unable to Adjournment attend at the commencement of any regular, adjourned, judge. or special term, or any time during such term, the court may be adjourned by the marshal, or clerk, by virtue of a written order directed to him by the judge, to the next regular term, or to any earlier day, as the order may direct. another judge From same cir SEC. 13. When any district judge is prevented, by any Designation of disability, from holding any stated or appointed term of during a tempohis district court, and that fact is made to appear by the rary absence. certificate of the clerk, under the seal of the court, to any cut: s., sec. 591, circuit judge of the circuit in which the district lies, or, p. 104. in the absence of all the circuit judges, to the circuit justice of the circuit in which the district lies, any such circuit judge or justice may, if in his judgment the public interests so require, designate and appoint the judge of any other district in the same circuit to hold said court, and to discharge all the judicial duties of the judge so disabled, during such disability. Whenever it shall be From another certified by any such circuit judge or, in his absence, by the circuit justice of the circuit in which the district lies, that for any sufficient reason it is impracticable to designate and appoint a judge of another district within the circuit to perform the duties of such disabled judge, the chief justice may, if in his judgment the public interests so require, designate and appoint the judge of any dis circuit. |