Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1855-01-14

clvil cases where the matter IN controversy ex-
ceeds the sum or value OF dollars be-
sides costs and in suits involving the infringe
ment OF patents writ OF error or appeal may be
allowed by said court of appeals 10 the Supreme
Court regardless OF the amount in controversy, II
said court Of appeals shall deem il reasonable 10
allow such appeal or writ Of error And from the
hnal judgment OF said court OF appeals, IN any
civil action brought by the United States for the
enforcement OF The revenue laws of the United
States, or for the collection of duties due, or al.
legged 10 be due, on merchandise imported therein,
writ Of error may be prosecuted by either party
10 the Supreme Court, without regard 10 the sum
or value in controversy. And when a question is
presented in case where the statute ola State is
assumed 10 have violated the Constitution of the
United States, or an act of Congress, and the de.
cison OF the question one way might conclude
the controversy, such cause may be brought up
10 the Supreme Court from the court Of appeals,
II the matter in dispute exceeds the sum or value
of two thousand dollars.
Sec 9. And be IL further enacted, That the
Supreme Court shall have the same powers and
Jurisdiction over the Judgments DEGREES, and pro-
ceedngs OF said courts OF appeal that ii now pos
sesses over the judgments, DEGREES, and proceed
lngs OF the circuit courts. And said Supreme
Court shall be governed by the same practice, and
process, and modes Of proceedings, now in use in
bringing up appeals and writs OF error from the
circuit courts. And the Supreme Court may
make and publish, from time to time, rules for the
government OF the proceedings in the courts of
appeal and also for the regulation Of writs Of
error, andappeals lhererom TO the Supreme Court.
SEC. 10. And be IL further enacted, That wrils Of
error, and appeals from the district and circuit
courts 10 said court Of appeals may be prosecuted
at any time within two years from and after rem
derng said judgment or decree: Provided, That
the day of rendering the Judgment or decree shall
be deemed 10 have been the last day of The regu-
lar term at which such judgment or decree was
rendered, and which last day shall not be con-
aid in No 90 m al nj nj in cas-
Of judgments and DEGREES heretofore rendered by
district court, from which a writ of error or
appeal would lie to the circuit court, an appeal
or writ Of error may be brought 10 the court of
appeals within two years from the passing of this
act, and not afterwards Prorided, That if the
party who prosecutes an appeal or writ Of error
on judgment or decree hereafter rendered shall,
at the time OF rendering said judgment or decree,
have been an infant under twenty-one years Of
age, or femme covert, or non compos ments, or
imprisoned, in such cases the writ of error or
appeal may be prosecuted at any time within two
years after the disability is removed. And in
cases where appeals or writs of error are prose-
cuted from Judgments or DEGREES now existing in
the district courts, if the party prosecuting the
appeal or writ OF error is, al the time of passing
this act, femme covert, infant non compos
mentis, or imprisoned, then said writ of error CT
appeal may be prosecuted at any time within two
years after. the disability is removed.
SEC. IL. and be 1t further enacted, That in all
cases Wnere Judgments ana DEGREES nave here
iofore been RENDERED in circuit courts, or district
courts exercising the powers Of circuit court,
and which cases are of a character TO be brought
up, writs OF error and appeals may be prosecuted
TO the Supreme Court as heretofore, shall this
act apply 10 such judgments or DEGREES.
SIC. H. and be IL further enacted, Tha, il shall
be the duty of each court Of appeals appoint its
own clerk, who shall give bond with two or more
securities for the faithful performance of his duties
IN the manner and amount that the clerks of the
circuit courts now do, and a like oath shall be
taken, the title of The court only being changed
Aud said clerks shall be governed in the per.
formance of their duties by the same practice that
now governs the clerk Of the Supreme Court of
the United Sta,es; and il shall be the duty of The
Supreme Court TO prescribe by rules the fees that
said clerks shall respectively receive; and until
such rules are made and published said clerks
shall receive the same fees and compensation
that is now received by the clerk OF the Supreme
| Court, and il shall be his duty 10 furnish said
clerks Of the court OF appeal with printed lee bill
| for their government, for which service the
| Supreme Court shall allow their clerk reasonable
| compensation.
SEC l3. And Be It further enacted, That all writs
| and process, issued by authority Of the court OF
appeals, shall bear test in the name Of the chief
| justice Of the Supreme Court, and be governed
by the practice and regulations now in force and
use, applicable 10 process, by which wrts OF error
and appeals have heretofore been brought from
the circuit courts TO the Supreme Court, but final
process shall issue from the court below render.
ing the judgment or decree, 10 which a mandate
shall issue according 10 the practice OF the Su-
preme Court. And in cases taken 10 the Supreme
Court from the court Of appeals, the Supreme
Court may, al its discretion, direct its mandate 10
the courts Of appeal TO the district courts where
the cause originated, for the purpose of execution
L or further proceedings therein.
SEC IL. And be IL further enacted That IL shall
be the duty of the attorney for the United States
of the district where court OF appeals is held 10
attend to the causes and interests Of the United
States in said courts and 10 regularly attend the
| same from day 10 day, for which service he shall
receive the same fees that are allowed in the Su.
preme Court for similar services, and also ten dol
lars each day Tor his attendance on the court.
And il shall be the duty of the marshal of the dis.
trict where court of appeals is held 10 attend the
same and provide therefor, as he now attends and
provides for the circuit courts held in his district,
and said marshal and his deputies and attendant,
shall receive the same compensation and allow.
ance that Is allowed for similar services in the cir.
cult court of said district. And the officers of the
court Of appeals shall be governed by the same
laws and modes Of proceeding which govern the
officers Of the circuit and district courts in cases
where fees and compensation are demanded from
the Treasury Of the United States.
SEC. Is And BE- "a further enacted That for the
purpose Of bringing up causes from the district
courts TO the courts OF appeal and from the latter
10 the Supreme Court, the judges fthe Supreme
Court shall have power generally 10 allow writs
Of error and appeals from the courts OF appeals 10
| the district courts, and from the Supreme Court
TO the court Of appeals under the same regulations
that have heretofore governed said Judges, allow
ing wrts Of error from the Supreme Court 10 the
circuit court and the district Judges within their
respective districts shall have the powers afore
said in like manner, and 10 the same extent that
the supreme judges have IL Provided, That APP
peals may be taken in open court in cases where
an appeal will lie but in such cases regular
citation, signed by presiding Judge, shall be
served and returned TO the appellate court.
SEC. l6 Ana Be IL further enacted That as CON-
pensaton TO the district judges, and TO the judges
Of the Supreme Court, for holding said courts OF
appeal, they shall respectively receive the same
per diem allowance, and the same mileage for
travel TO and from said courts that is now paid 10
members OF Congress for their attendance on the
Congress Of the United States, provided that no
Judge shall receive mileage for attending said
court more than once in each year nor shall per
diem compensation be allowed for attendance ex-
cept when the court is actually engaged in the
business ofthe term nor shall allowance be made
for mileage or attendance il the Judge is absent
from the term Of the court, for any reason what
ever.
SEC IL indie a further enacted That il a dan.