| Show NEW APPELLATE COURT PUBLIO PUBLIC NO I 1 anant to establish circuit courts of appeals and to define and regulate in certain cases the 11 jurisdiction tris diction of the courts of the united states and for other purposes be it enacted by the senate and house of representatives of the united states of A america mereca in congress assembled sem bled that there shall be appointed by the president of the united states by and with the advice and consent of the senate in each circuit an additional circuit judge who shall havethe same qualifications and shall have the same power and jurisdiction therein that the circuit judges of the united states within their respective circuits now have under existing laws jaws and who shall be entitled to the same compensation pensa tion tiou as the circuit judges of the he united states in their respective circuits now have sm SEO 2 that there is hereby created 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 up appellate jurisdiction as is hereafter limited and established such court shall prescribe the form and style of its seal and the form of its writs write and other processes and procedure as may be conformable to the exercise of its t jurisdiction ris diction as shall be conferred by law w it shall have the appointment of the marshal of the court with the same duties and powers under the regulations of the court as are now provided for the marshal of the supreme court of the united states so far as a i the same may be applicable the court shall also appoint a clerk who shall perform and exercise the same duties and powers in regard begird to all matters within its jurisdiction as are now exercised and performed by the clerk of the supreme court of the united states so far as the same may be applicable the salary of the marshal of the court shall be twenty five hundred dollars a year and the salary of the clerk of the court shall be three thousand dollars a year to be paid in equal proportions quarterly quarter Jy the costs and fees in the supreme court now provided for by law shau shall be costs and fees in the circuit courts of appeals and the same shall be expended accounted for and paid for and paid over to the treasury department of the united states in the same manner as is provided in respect of the costs and fees in the supreme court the court 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 sec a 8 that the chief justice and the associate justices of the supreme court assigned to each circuit aud and the circuit judges within 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 the manner hereinafter provided in case the chief justice or an associate justice nitice of the supreme court should attend at any session of the circuit court of appeals he be shall preside and the circuit feals judges adges u to in attendance upon the court in the absence of the chief justice or as en late justice of the supreme 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 chiea justice or an associate justice of the supreme court and circuit judges one or more district judges within the circuit shall be competent to sit in the court according to such order or provision among the district judges as either by general or particular assignment shall be d designated I 1 bated by the court provided that n no 0 fustice justice or judge before whom a cause or question may have been tried or heard in a district court or existing circuit court shall sit ou on the trial or hearing of such cause or question in the circuit court of appeals A term hallbe be held annually by the circuit court of appeals in the several judicial circuits at the following places in the first circuit in the city of boston in the second circuit in the city ol 01 of new york in the third circuit in the city of philadelphia in the fourth circuit in the city of richmond in the fifth circuit in the city of new orleans in the sixth circuit in the city of cincinnati in the seventh circuit in the city of ab chicago leago in the eighth circuit in the city of st louis in the ninth circuit in the city of sa san n francisco and in such other places in each of the above circuits as ae said court may from time to time designate the first terms of said courts shall be held on the I 1 monday in january eighteen hundred and one and thereafter at such times as may be fixed by said courts SF SEC C 4 that no appeal whether by writ of error or otherwise shall hereafter be taken or allowed from any district court to the existing circuit courts and no appellate j url id action shall hereafter be exercised or allowed by said existing circuit courts but a all appeals by writ of error or otherwise from said district dist riot courts shall only be subject to review in the supreme court of the united states or in the circuit court of appeals hereby established as am is hereinafter provI provided dM and the review by appeal by writ of error or otherwise from the existing circuit courts shall be had bad only in the supreme court of the united states or in the circuit courts of appeals hereby established according to the provisions of this act regulating the same sm SEO 5 that appeals or writs of error may be taken from the district courts or from the existing circuit courts direct to the supreme court in the following owes oases 1 in any case in which the jurisdiction 41 n of the court is in issue in such cues cases the question of jurisdiction alone shall be certified to the supreme court from the court below for decision prom from the fl final nal sentences and decrees in prize causes in cases of conviction of a capital or otherwise infamous crime in any case that involves the construction st or application of the constitution of the united states in any case in which tile the constitutionality tiona lity of the law of the united states or the validity or construction of any treaty made under its authority is drawn in question in any case casein in which the constitution or law of a state is claimed to be I 1 in n contravention contra of the constitution of the united states nothing in this act shall affect the jurisdiction of the supreme court in cases appealed from the highest court of a state nor the construction of the statute providing for review of such oases cases suc SEO 6 that the circuit courts of appeals established by this act shall exercise appellate jurisdiction to review by appeal or by writ of error final decision in the district court and the existing circuit cou courts arts I 1 in n all cases other than those provided for in the preceding section of this act unless otherwise provided by bylaw law and the judgments or decrees of the circuit courts of appeals shall be final in all cases in which the jurisdiction to is dependent entirely upon the opposite parties to the suit or controversy tro versy being aliens and citizens of the united states or citizens of different states also in all arising under the patent laws under the revenue laws and under the criminal laws and in admiralty cases excepting that in every such subject within its appellate jurisdiction the circuit court of appeals at any time may certify to the supreme court of the united states any questions or propositions of law concerning which it desires the in st ruction of that court for I 1 its ts roper proper dechison de cison and thereupon the supreme supreme court may either give its in st ruction on the questions and propositions certified to it which shall be binding upon the circuit courts of appeals in such case or it may require that the whole record and cause be sent up to it for its consideration and thereupon shall decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal and ex excepting centi ng also that in any such case as Is s hereinbefore made final in the circuit court of appeals it shall be dompe competent tent for the supreme court to require by certiorari or otherwise any such case to be certified to the supreme court for its review and determination with the same power and auth authority rity in the case as if it had bad been carried by appeal or writ of to the supreme court in all cases not hereinbefore in this section made final there shall be of right an appeal or writ of error or re view of the case by the supreme court of the united states where the matter in controversy shall exceed one thou sand gand dollars besides costs coats but no such buch appeal shall be taken or writ of error sued out unless within one year after the entry of the order judgment or decree sought to be reviewed SEO sec 7 that where upon a hearing in equity in a district court or in an existing circuit court an injunction shall be granted by an interlocutory order or decree in a cause in which art an appeal from a final decree may be taken under the provisions of this act to the circuit court of appeals an appeal may be taken from such interlocutory order or decree granting or continuing such injunction u diction to the circuit court of appeals iro I ro videa that the appeals must be taken within thirty days from the entry of such order or decree and it shall take preceded pre e in the appellate court and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by that court during the of such appeal SEO sec 8 that any justice or judge who in pursuance of the provisions of this act hhall attend the circuit court of appeals held at any place other than where he resides lupon his written certificate be paid by the marshal of the district in which the court shall be held his bis reasonable expenses for travel and attendance not to exceed ten dollars per day and such payments shall be allowed the marshal in the settlement of his accounts with the united states BEO 9 that the marshals of the alveral districts in which said circuit court of appeals may be held shall under the direction of the attorney general of the united states and with his ate approval provide such rooms in the public buildings of the united states as may be necessary and pay all incidental expenses of said court including criers bailiffs and messengers provided however that in case proper rooms can not be provided in such buildings then the said marshals with the approval of the at torney General of the united states may from time to time lease such rooms as may be necessary for such courts that the marshals criers clerks bailiffs and messengers shall be allowed the same compensation for their respective services as are allowed for similar services in the existing circuit courts sea 10 that whenever on appeal or writ of error or otherwise a case coming directly from the district court or existing circuit court shall be reviewed and determined in the supreme court the cause shall be remanded to the proper district or circuit court for further proceedings to be taken in pursuance of such determination and whenever on appeal or writ of error or otherwise a case coming from a circuit court of appeals shall be reviewed and determined in the supreme court the cause shall be remanded by the supreme court to the proper district ur or circuit court for further proceedings in pursuance of such determination whenever whenever on appeal or writ of error or otherwise a case coming from a district or circuit court shall be reviewed and determined in the circuit court of appeals in a ewe case in which the decision in he circuit court of appeals is final such cause shall be remanded to the aid district or circuit court for further proceedings to be there taken in pursuance of such determination BEO BBC 11 that no appeal or writ of error by which any order judgment or decree ruly my be reviewed in toe the circuit courts of appeals under the provisions of this act shall hall be taken or sued out except within six mouths after the entry of the order or decree sought to be rev reviewed dewed crowded Prow ded however that in all cases in which a lesser time 18 M now flow by law limited for appeals or write of error errer such limits ot of time shall apply to appeals or writs of error it in such cases taken to or sued out from the circuit courts of appeals anti and all provisions of law now DOW in force regulating the methods and systems of review through appeals or writs write of error shall regulate the methods and systems of appeals and writs of error provided fot in this act in respect of the circuit courts of appeals including all provisions for bonds or other securities to be required and taken on such appeals and writs of error and guy y judge of the circuit courts of appeals in respect of cases brought or to be brought to that court shall have the came same powers and duties as to the allowance of appeals or writs write of error and the conditions of such euch allowance as now by law belong to the justices or judges in respect of the existing courts of the united states respectively SEC bec 12 that the circuit court of appeals shall have the powers specified in section seven hundred and sixteen of the revised statutes of the united states SEC 13 appeals and writs of error may be taken and prosecuted from the decision of the united states court inthe indian territory to the supreme court of the united states or to the circuit court of appeals in the eighth circuit in the same ame manner and under the same regulations as from the circuit or district courts of the united states under this act sec BEO 14 that section six hundred and ninety one of the revised statutes of the united states and section three of an act entitled an act to facilitate the disposition of cases in the supreme court and for other purposes approved february sixteenth eighteen hundred and seventy five be and the same are hereby repealed and all acts and parts of act 4 relating to appeals or writs of error inconsistent with the provisions for review by appeals or writs of error in the preceding pree eding sections five and six of this act are hereby repealed BEO led 16 15 that the circuit court of appeal in cases in which the judgments of the circuit courts of appeal appeal are made final by this act shall have ave the same mine appellate jurisdiction by writ of error or appeal to review the he t judgments orders and decrees of th thu au supreme preme courts of the several territories as by this act they may have to review the judgments orders and decrees of the district court and circuit courts and for that purpose the several te territories shall by orders of the supreme court to be made from time to time be assigned to particular circuits approved march 8 3 1891 |
