Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1863-09-24

tue Of the acts above mentioned, or If any other
laws on that subject, the court rendering Judgment
OF condemnation shall, Notwithstanding sUch con-
domination, and before awarding suCh ship, vessel,
or other property or the proceeds thereof TO the
United states, or to any lnformer, first provide
for the payment, out OF the proceed OF suCA ship,
vessel, or other property, of any bona tide ella ms
whch snail he filed by any loyal citizen OF the Uni
ted states, ct Of any foreign state or power at
peace and amlty with the United States, interview
ing IN such proceeding, and shall be duly estab-
hshed 10y evidence as valid claim against such
ship vessel or other property, under the laws 9
the United States or Of any loyal state there
PFortaea nat no SuChclam shall be allowed -
case where the claimant shall have knPns9
participated in the illegal use OF such So Nes
Sessei OF other property AAd provided |S" ID.
this act shall extend to such claims efY az 'Aisht
nave been enforced specifically ag9Is 80 v6nrtp
vessel or other property, in any > ''''
IN such claim arose.
Approved, March 3, 1853
Chapter XCI-An Act reorganlze the Courts
in the District of a. 4noia, and for other Pur-
Be in enacted 9 ne Ss n, and House Of Repre-
sentattres Of @ged That there shall be established
N +b n;S%to of Columbia court to be called the
sunroraa Court of the District of Columbia which
shah I've general jurisdiction in law and equity
~ sdll consist of four justices, one of whom shall
~ denominated as chief justice. These justices
shai be appointed by the President, by and with
the advice and consent Of the Senate, and shall
hold their offices during good behavior. Each jus
tcc before he enters upon the duties Of his office,
shall take the oath prescribed to be taken by
Judges of the courts OF the United States. Any
three of said justices may hold general term, and
any one of them may hold special term, cir
cut court, as hereinafter proWdod A special
term may be held at the same time with circuit
court and by the same Justice.
Sec. 2. And be ii further enacted, That the
said court small have power to appoint clerk
who shall take the oath and give bond, With
sureties, in the manner prescribed by Law for
clerks OF district courts OF the United States.
Sec 8. Ind be ii further enacted, That the SUI
preme court organized by this act shall possess
the same powers and exercise the same Jurlsdic-
ton as is now possessed an exercised ny the CIR
cult court of the District OF Columbia, and the JUS
tees of the to be organized shall seyeIaly
possess the powers and exercise the jurisdiction
now possessed and eXerCi ed by the Judges OF said
circuit court. Any one Of SAID Justices may hold
a district court of the United States for the Dis
triCt OF Columbia, III the same manner and with
the same powers and jurisdiction possessed and
exercised by other district courts of the United
States ANY one Of said justices may also hold
criminal court for the trial of all crimes and often
ces arising within said district which court shall
possess the same powers and exercise tho same
jurisdiction now possessed and exercised by the
criminal courts of tue District of Columbia.
See 4. Ind be az further enacted, That general
terms of the saia supreme court shall ne held at
the times at which terms Of the circuit court
of the District Of Columbia are required to
be held and at the same place. District courts
ana criminal courts SndIl also De nSLu Dy one OIL
said justices at the several times when such courts
are now required by law to be held, and at the
same place. .a. .4 .....a.
Sec. 5. And be II further endcted That special
terms CT said supreme court shall be held by one
of said justices, at such time or times the said
court, in general term, shall appoint. Non-enu-
merated motions in all suits and proceedings at
law and ia equity shall first be heard and deter
mined at such special terms Suits in equity, not
triabIe by Jury, shall also be heard and deter
mined at such special terms But the justice hold
ing such special term may, in his discretion order
any such motion suit to be heard, in the first IN
stance, at a general term. Any party aggrieyed
by any order, Judgment, or decree made or pro-
nounCed at any such special term, may, II the
same involve the merits of the action or proceed
ing appe al therefrom to the general term of said
srrreme court, and upon such appeal the general
term shall review such order, Judgment, or de-
cree, and AFFIRM reverse, or modify the same, as
shall be Just
SIC 6. ind be- further enacted, L at the said
court in n7ral term, shall adopt such rules it
may think proper to regulate the time and man.
ner OF making appeals from the special term to
the general term, and may prescribe the terms and
conditions upon which such appeals may be made.
Such court may also establish such other rules as
it may deem necessary for regulation OF the prac-
tiee of the several courts organized by this act,
and from time to time revise and alter such rules.
1t may also determine by rule what motions shall
be heard at a special term, as non-enumerated
motions, and what motions shall be heard at a
general term IN the first instance.
SEC. Z. ARd be ii further enacted, That all is
sues of fact trabls by jury or by the court shall
be tried before single justice when the trial is
by jury, at circuit court and when the frlai IS
without jury, at circuit court or special term.
Issues of law may be tried at circuit court or spe
cial term At any time after ISSUE least ten days
before the sitting of the court, either party may
give notice of trial. The party giving the notice
shall furnish the clerk, at least, four days before