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The Judiciary Act of 1802 plainly contemplated that certificates of division would issue in criminal cases.
Following Rider and Hewecker, certificates of division continued to be issued in civil cases.
The Judiciary Act of 1802 plainly did contemplate that certificates of division would issue in criminal cases.
Chief Justice Marshall and Justice Story in particular were known for making use of certificates of division while riding circuit.
And, certificates of division began to fall into disuse as it became increasingly common for the circuit courts to sit with a single judge.
The Judiciary Act of 1869 (the "Circuit Judges Act") reduced the circuit-riding duties of the Supreme Court justices and therefore reduced the possibility for certificates of division.
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The certificate of division procedure had unique features.
But not every question or every case was eligible for a certificate of division.
Not every question or every criminal case was eligible for a certificate of division.
Felsenheld v. United States (1902) was the last civil certificate of division case.
This contributed to the importance of the certificate of division in criminal cases.
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