Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-12-30

hall retain u same Jurisdiction over cases in said court
y common and court Of equity II now has over
ases OF law and In equity in said circuit court and over
vi cases aatever in which justice Of the Supreme
COURT shall certify that it is desirable that the appeal or
writ OF or should be taken to the said Supreme Court
y the W ited States And said court Of appeals shall
iod TWO terms In each year. to wit: the first Mondays
Janu AIRY and june but judge shall sit In said court
app ss on any case which was decided by him in the
court bciow and in any civil where said judges Of
aid court Of appeals divided in opinion, land the
mo ant m controversy shall exceed two thousand dollars
ne, shall certify upon the motion Of either Of the par
ne TO the same the point Of division to the Supreme
Jar which shall take jurisdiction thereof and decide
ne And in all of wrs Of error appeal to
d court Of appeals Judgment decree shall be stay
cd unless bond be filed in such amount and with such
security may be approved by the judge of the court in
which the decree, judgment, order appealed from
msy be- And it shall not be requisite transmit to said
court Of appeals full copy transcript OF the record Of
sold case, but only short copy thereof containing the
docket entries Of the case accompanied by the original
papers fled in said case, which shall be taken to all in
tents and purposes the II full transcript had
been certified and sent up and for said short copy and
entry Of appeal writ Of error and sending said pa
pers the clerks of the said courts appealed from shall be
entitled to charge fee Of one dollar only.
Sec 8. And be further enacted That the sad court Of
appeals and each Of said courts shall appoint clerk
thereof respectively who shall perform all the duties be-
longing to his Office, which may be prescribed by the
said courts and he shall be entitled to the usual fees
such as may be hereinafter provided
Sec TO- And be further enacted That in case either
Of said judges shall any time be disabled from perform
ing his duties, by reason Of Sickness absence being
interested having been Of COUNSEL or be otherwise in
capacitated shall be duty Of Of the other Judges
who may at such time be least engaged in holding court
to perform such duties during such incapacity
Sec. H. And be IL further enacted, That all wris Of
to the said circuit court appeals therefrom
pending shall be and remain for the action Of the S
preme Court Of the United States and such proceedings
therein as may be directed by the said Supreme Court
shall be- according to its practice cersd IN al cssss 4
equity the said court Of equity for further proceed
ings therein And from any final judgment, order,
decree for amount over one thousand dollars in the
said circuit court herenbefore abolished writ Of
appeal may be taken to said court Of appeals at any
time within FIVE years thereafter.
Sec. H. And Be further enacted, That all duties
ferred by existing laws on the chief OF the circuit
court except such herein otherwise provided for
shall devove upon and be performed by the judge Of the
Of equity, except such duties relate to the deli
very fugves from JUSTICE which last duties shall de-
yove upon and be performed by the judge Of the crm
nal court who shall have power to demand and surren
der all fugtves from justices in the same manner as now
practised by the Governors Of the several States.
Sec 49, And be further enacted, That all appeals from
the decisions of justices Of the peace shall be carried to
the said Of pleas which shall have juris
diction thereof notwithstanding jury trial may have
been had before ustce Of the peace and such appeals
shall otherwise be subject to the rules appca
BILE to appeals to the circuit court Provided That fur
ther appeal in such shall be allowed And each Of
pus; and the judge of the court Of common pleas SHALL
in the absence during any incapacty Of the judge Of
the court of equity have power to grant wrts Of nunc
ton and exeat. And the said court Of equity shall
have power grant divorces from the bond Of marriage,
for adultery other which, according to the laws
Of Maryland in force, would ente party thereto;
and also to grant restraining orders and appoint recev
ers the instance Of creditors whether they have OBJ
tanned Judgment not whether their demands be due
and payable not in Of fraudulent conveyance
alterations by debtors and to grant trial of said
issues in its discretion in the manner that the court OF
common pleas may award venire facias de novo And
the trial of such issues either party shall be allowed
his exceptions to the ruling of the court and the
shall be made part Of the record and decided, on ap
peal writ Of error by the court Of appeals Supreme
Court, as the case may be- and said court shall have
power order jury to be empannelled before it, to try
any issue before it in any proceeding within its uris
dicton
Sec. H. And be IL further enacted, That persons who
may hereafter be charged with offences not Of the degree
of ga capital or otherwise infamous crime may, upon
their waiver Of trial by jury, be tried before the judge
Of the said criminal court without jury; and in such
other allegations of offence shall be required
than such may appear toxhe court to be legally su
cent by affidavit information, recognzance made be-
fore any judge justice Of the peace of said
District the Mayor of Washington Georgetown and
all afdayts informations recognizances shall be re-
turned and transmitted to the clerk Of said criminal court
for trial therein during the terms Of said court at the
next ensuing Saturday of each week after the same shall
have been aken and such cases shall be disposed Of un
less jury trial is prayed by the party charged the
is postponed by the court for sufficient And
the person charged shall for his trial by
jury he shall be tried by his consent upon said ale
cation of his offence aforesaid without presentment
indictment therefor And such shall be entitled to
priority Of trial whenever jury may be in attendance
said courts Provided hoceu, That parties in Jail shall
entitled to be tried before other shall be tried
and hereafter the United States shall be allowed in every
criminal one-ha the peremptory challenges to which
the party charged in the may be entitled.
Sec. Is. And Be further enacted That in any where
party thereto, either plaintiff defendant, shall make
affidavit that fair and impartial trial cannot be had be-
jury composed in part in whole Of the citizens
of Washington city, Georgetown the county of Wash
ingon outside Of the limits of said Cities as the case may
be- by Of local bias prejudice prevailing in any
of said places it shall be the duty of the court before
that said affidavit is unfounded in said allegations Of bias
or prejudice order jury composed exclusively Of ct
resident in the places excepted to by said par
and for that purpose the said court may order spe
cal venire for the trial of such issue.
TBy mistake Of the clerk printer the remaining
sections are numbered wrong there being no 1871
Sec. II. And be further enacted, That there shall be
appointed by the President Of the United States, by and
with the advice and consent of the Senate for
for the county Of Washington respectively each Of whom
shall be appointed from and be resident of the place
for which he may be appointed during his term Of Office
which shall be for the Of FIVE years and they shall
have the powers perform the duties and be entitled to
the fees Of Office existing hereinafter provided
for and they shall each have power to hold post norton
nqusitions in any place In said District Of Columbia
and the office of coroner existing, hereby abol
shed And hereafter it shall be the duty Of the said
county Of Washington in the month Of January next
ensino and in the same month every wear thereafter