Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1847-03-12
By AUTHORITY.
Laws OF the United States, Passed Mt the
second Session Of the 29th Congress.
IPuBL1c-No. 12.1

PUBLIc-No 121
AN ACT to regulate the exercise of the ap-
peilate jurisdiction of the Supreme Court of
the Uuited States, in certain cases, and for
other purposes.
BE 1t enacted By the Senate and House Of
Representatives of the United States Of Ameri-
ca an Congress assembled, That all and singu-
lar the records of the proceedings in the seve-
courts of the late Territory of Florida, under
and w virtue of the act of Congress of the
twenty third of May eighteen hundred and
twenty eight, entitled, AN act supplemental
ry to the several acts providingffor the settle
ment and confirmation of private land claims
in Florida" and under and by virtue of an act
entitled, Sc An act to provide for the final set
Element of land claims in Florida" approved
| twenty-sixth May, eighteen hundred and
thirty, and in the several cases which were
pending in the court of appeals of tie same
Territory, on the third day of March, in the
year of our Lord one thousand eight hundred
and forty-fve, and all and singular the records
| of the proceedings in the several cases In
| which judgments or DEGREES had been rendered
| in the said courts on or before that day, and
| from which writs of error could have been
sued out, Or appeals could have been taken.
| or from which writs of error had been sued
out. or appeals had been taken and prosecuted
to the Supreme Court of the United States, ac
cordng to the laws of the United States which
were in force on the said third day of March,
in the year of our Lord one thousand eight
hundred and forty-five, shall, from and after
the passing of this act, be transferred to and
deposited in the district court of the United
States for the district of Florida.
SEC. 2. A1.d be 1t further enacted, That it
shall be the duty of the Judge of the district
court of the United States for the district of
Florida, Immediately after the passing OF this
act, to cause the same to be notified to the
several c erks of the superior courts, or to 9TH
er officers or persons having in their posses
sion or custody the records of the proceedings
in the first section of this act referred to and
described, and to demand the delivery Of the
same, to be deposited as in and by the said
first section Of this act is required; and on the
refusal of such clerk or other officer or person
to comply with such demand, the said judge
hereby authorized and required to compel the
delivery of the said records by attachment or
otherwise, according to law.
Sec. g. And be 1t further enacted, That in
all cases in which Judgment or DEGREES have
been rendered IN the SAID superior courts Or
court of appeals of the late Territory of Flori-
da, and from which writs of error have been
sued out or appeals have been taken to the
Supreme Court of the United States, the said
Supreme Court shall be, and is hereby, au-
thorZed to hear and determine the same, and
the mandates of the said Supreme Court for
the execution of the judgments or DEGREES so
to he rendered by them, and all other writs
which may be necessary in the exercise of
the appellate jurisdiction of the said court in
such cases, shall be directed to the district
court of the United States for the district of
Florida, and the said district court shall cause
the same to be duly executed and obeved
SEC. 4. And be 1T further enacted, That the
district court OF the United States for the dis
trict Of Florida shall take cognizance of all
cases which were pending and undetermined in
the said superior courts, under and by virtue
OF the act of Congress of twenty-third May,
eighteen hundred and twenty-eight, entitled
An act supplementary to the several acts
providing for the settlement and confirmation
OF private land GAINS in Florida" and under
and by virtue of an act entitled "An act to
provide for the final settlement of land claims
In Florida" approved twenty sixth May,
eighteen hundred and thirty; and OF all cases
which were pending end undetermined in the
court of appeals of the late Territory Of Flori-
da, and from the judgments or DEGREES to be
rendered in which writs of error could have
been sued out or appeals could have been ia
ken to the Supreme Court of the United States
under the laws which were in force on the
third day of March, in the year of our Lord
one thousand eight hundred and forty-fve,
and shall proceed to hear and determine the
same; and from the Judgments or DEGREES to
be rendered by the said district court writs of
error may be sued out or appeals may be ia
ken to the Supreme Court OF the United States
IN the same manner as if such judgments or
DEGREES had been rendered in the court of ap-
peals of the Territory of Florida; and the
mandates and all writs necessary to the exer-
else of the appellate jurisdiction of the said
Supreme Court in such cases shall be directed
to the district court of the United States for
the district of Florida, and the said district
court shall cause the same to be duly executed
and obeyed.
~ Sec. 5. And be 1t further enacted, That in
all cases not legally transferred to the State
courts in which judgments or DEGREES have
been rendered in the superior courts or court
OF appeals OF the late Territory of Florida from
which writs Of error could have been sued out
or appeals could have been taken to the court
OF appeals of said Territory or to the Supreme
Court of the United States under the laws
which were in force on the third day of March,
IN the year of our Lord one thousand eight
hundred and forty five, and in which writs of
error have not hitherto been sued out or ap-
peals have not hitherto been taken, there
shall be allowed to the parties in the said ca
ses the term of one year, from and after the
passing of this act, for sueing out such writs
OF error or taking such appeals to the Supreme
Court of the United States, which shall have
jurisdiction to review the same
Sec 6. A'adb 1t further enacted, That any
unfinished business, or proceedings now re-
naming or pending before the Judge of the
superior court at St. Augustine, as commits
sioner under and by virtue of the "Act for
the relief of certain inhabitants of East Flori-
d." approved twenty-sixth June, eighteen
hundred and thirty four, or under any other
act granting special powers, or imposing spe-
cial duties upon said Judge be, and the same
are hereby, transferred to the Judge of the dis
trict court of the district of Florida, to be pro-
ceeded in and finished, or decided in the same
manner provided for by law; and the said
district Judge shall have, exercise, and possess,
the same duties, powers, and rights, which
nave by virtue of the act of twenty sixth
June, eighteen hundred and thirty -four afore-
said, or otherwise been possessed and exerci-
sed by the said Judge of the superior court at
St. Augustine, so far as may be necessary to
enable the said district Judge to determine and
finish any matter, business, or proceedings now