Evening star. [volume] (Washington, D.C.) 1854-1972, 1854-12-30

respectively, who shall perform all tn.
duties belonging to his Office, or which
may be prescribed by the said. court, and
he shall be entitled to the usual fees, O,
such as may be hereinafter provided.
SEC. 10. And be 1t further enacted, THAI
IN case either OF said judges shall at any
time be disabled from performing his
duties, by reason of sickness, absence, O,
being interested or having been of coun.
sci, or be otherwise inclpacitated, Il
shall be the duty of one of the Other
Judges, who may at such time be least
engaged in holding court, to perform,
such duties during such incapacity.
SEC. IL. Ad be it further enacted
That all writs of error to the said circuit
court, or appeals. therefrom, now pend.
ing, Shall be and remain for the action OF
the Supreme Court of the United States
and such proceedings therein as may be
directed by the said Supreme Court Shall
be, according to it's practice, certified in
all cases at law to the said court of com
mon pleas, and in all cases of equity to
the said court of equity, for further pro-
ceedlngs therein. And from any final
judgment, order, or decree, for an amount
over one thousand dollars, in the said
circuit court, hereinbefore abolished, q
writ Of error or appeal may be taken to
said court of appeals, at any time within
five years thereafter.
Sec. IL. And be 1t further enacted.
That all duties conferred by existing
laws on the chief justice of the circuit
court, except such as are herein other
wise provided for, shall devolve upon and
be performed by the judge of the court of
equity, except such duties as relate to
the delivery of fugitives from justice,
which last duties shall devolve upon and
be performed by the judge of the crimi-
nal court, who shall have power to de-
mand and surrender all fugitives from
justice, in the same manner as now prac-
tised by the governors of the several
States.
Sec. Ii. And be 1t further enacted,
That all appeals from the decisions of JUS
tices of the peace shall be carried to the
said court of common pleas, which shall
have jurisdiction thereof, notwithstand.
ing jury trial may have been had be-
fore justice of the peace; and such ap-
peals shall otherwise be subject to the
same rules now applicable to appeals to
the circuit court: Provided, That no
further appeal in such cases shall be al
lowed; and each ofsaid judges shall have
power to grant writs of habeas corpus
and the judge of the court of common
pleas shall, in the absence or during any
incapacity of the judge of the court Of
equity, have power to grant writs of in
junction and ne exeat. And the said
court of equity shall have power to grant
divorces from the bond of marriage, for
adultery or other cause, which, accord.
ing to the laws of Maryland, now in
force, would entitle party thereto and
also to grant restraining orders, and ap-
point receivers, at the instance of credi-
tors, whether they have obtained iudg.
ment or not, or whether their demands
be due and payable or not, in cases of
fraudulent conveyance or alterations by
debtors and to grant new trial of
said issues, in its discretion, in the man
ner that the court of common pleas NAV
award venire facias de novo. And on
the trial of such issues either party shall
be allowed his exceptions to the ruling of
the court, and the same shall be made a
part of the record, and decided, on ap-
peal or writ of error, by the court of ap-
peals or Supreme Court, as the case may
be; and said court shall have power to
order jury to be empannelled before it.,
to try any issue before it in any proceed
ing within it's jurisdiction.
See. IA. And be 1t further enacted, That
persons who may hereafter be charged
with offences not of the degree Of "a cap
ital or otherwise Infamous crime" NAV.
upon their waiver of trial by jury, be
tried before the judge of the said criminal
court without jury; and in such case
no other allegations Of an offence shall
be required than such as may appear to
the court to be legally sufficient by affi-
davit, information, or recognizance made
before any judge or justice of the peace,
or coroner, of said District, or the mayor
Of Washington or Georgetown, and all
affidavits, informations, or recognizances
shall be returned 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
taken and such cases shall bs disposed
of, unless jury trial is prayed by the
party charged, or the case is postponed
by the court for sufficient cause. And in
case the person so charged shall move for
his trial by ajury, he shall be so tried
by his consent, upon said allegation of
his offence as aforesaid, without present.
ment or indictment therefor. And such
cases shall be entitled to priority of trial
whenever a jury may be in attendance on
said court: Provided, hosoeaer, That par
ties in Jail shall be entitled to be tried
before any other case shall be tried; and
hereafter the United States shall be al
lowed, in every criminal case, one half
the peremptory challenges to which the
party charged in the same case may be
entitled.