New-York daily tribune., 1866-04-03


Size D. That the tria Of Issues of fact in all civil
dcton shall be by jury bit atrial by jury may De De waved
by the several parties to the issue by falling to appear on tue
trial or by written consent in peIson by attorney hled win
Clerk Of the Court by oral consent in open Court en-
tered ON record.
said m day oiSeptenber shall have been commenced Ia any
Circuit Court shall have been removed any CIeut Court
from State Court and all processes, orders JUDGMENTS ue
bond. papers and proceedings Gpperanng thereto or
fled therein shall be transferred TO the District Court oi me
drct IA which such action OF suit shall be pending ana hs
said District Court shall possess and exercise in the cases and
tie process orders Judgments, DEGREES and proceedings
which they have been invested by this act similar
subsequently, commenced aud the process orders judgments
taking OF surees any prodeedng any such shall be
ayoided'impa.red OF inyalda,ed by such transfer.
and after the hTsi day Of September 1866, have exclusive
Jurisdiction inquire by the Intervention Of Grand jury Of
authority Of the United States within their respective districts
all Indictment. found previous TO that date in TIE Cel
orders Judgments. bonds papers, and proceedings IN any
wise relating to any public ohene or oaenes then Remaining
in said Circuit Cout shall said first day Of sepenbeI be
transferred to the said District Courts respectively snd e
said District Cours shall possess aud exercise in the criminal
transferred the same authority and jurisdiction with which
they Invested by this act criminal and poceed
suce any criminal proceeding thus transferred
shall be avoided impaired invaidsed by such transfer
thereafter practicable Clerks Of the several crcn
Courts the United States shall deliver TO and deposit with
the Clerks Of the District Courts IN their respective Districts
oil property books recos documents and pagers remaining
in their respective oees and the shall be received ard
kept by the said CLERKS q the District Courts respectively
part the records Of their Offices and subject to tie order
and control Of said Courts.
executions nsy b. Issued o. any District Court to collect
judgment decree rendered the Circuit Court for sneh
District with the effect such executions may now oe
issued Of such Circuit Conr and oil processes which be-
fore the said hr day OF September shall have been issued
o Crcn Court end shall not have been returned shan
be returned to and filed with the Clerk Of the District Coo
/ fol the District.
cults Of the United States court TO be called the Court OF
Appeals. which sha nave appellate jnr.de'ion Of all cases
specvey The Justice Of the Supreme Court assigned to tue
crcuit and the several the districts comprising
the c!leuit shall be the Judges o. Court three
may eourt The Justice of the Supreme Court OF IN
his sb onse the Dsrc. Judge senior in Office shs peidc
IN the absence Of quorum any Judge may adjourn the Court
SIC That .ueh Court of Appeals shall have seal the
form snd device OF which she'll prescribed by s presiding
Judge. II shall ao have Clerk 10 b. appointed by aud re-
movable at he pleasure Of ne resa,s Js,e saeI oe
Jsrs NAV pero, The duties OF Clerk un, another shall b.
appointed Every such CLERK shall take oath and give the
Cunt, Proee,.e, Kan i.sne in the name OF the United
sste shall be under tie seal Of the Court and be signed oy
syc To- Tha, the Marshal Of the district IN which such
under direction OF the Secretary Of the Interior shall pro
vide such may be necessary and for I'll incidental
in the Tat the Marshal Of the District Of Conm
bA now provide. r the supreme Of the United States
sEc H. That appeal may taken 20 the Court OF w
peal. om anv NAL Iigmen, OF decree Of any District Court
hin Tie cfcuit when the amount claimed tie value Of
The property controversy exceeds $50 and 10 other cases
D.ri-t Judge shall certify that the adjudication IN
,idn % day. an the entry Of the 1dsment decree
.oush b. reviewed. Upon such appeal the court shall
.ct arising upon record and may affirm modify or
tho or may order new ,rs o. such otneI pro
oecdngs be- hsd In the proper Diret Cont ~ shan be
The judgment decision Of such Conrs Of Appeal. upon
h % Ss i% Issa Ts 20 s SS cou % hVa
issue wrs Of Sir' Jae,a, ab.a' coru and all other sr,
which may be necessary the exercise Of their jurisdiction
and agreeable to the principles and usage' Of law.
a. That render appeal under the provisions Of
p.a. s & h be- on eS ppta
by least sufficient security to the effect that tho appel
will pay ali and damages which may be awarded
asans, him on the appeal exceeding tl5o If the appeal
be from Judgment decree directing the payment Of
money It shall not the execution Of the judgment or
decree unless bond In the penalty Of double the amount OF
sse S he eject b II The judgment or decSs sppesd
from any part thereof be affirmed, or the appeal be dis
ni.sed the appellant w pay ,he amount directed 70 De pad
the Judgment decree shall be affirmed The bond. pro
scr bed by this section may in several
at the option Of the appellant, Such bonds shall be Of
effect they sha be accompanied by the sihdaV Of
double the amount .peehed therein over and sbove al debt.
and liabilities and such bonds and adayis hed with the
Clerk with whom the judgment decree sppesed from
entered In other stay OF execution may be granted
upon snch terms as any Judge OF the Court may prescribe
SEC -, Tha, pending In any Circuit Cont the
ad t day Of sept,mber upon appeal writ OF erro shall
be transferred to the proper Court Of Appeal and .ha be
heard and determined by such Court according to the pro
src H. That the said Court Of Appeal. shall respectively
adopt such rules they deem proper to regulate the manner
rule. a hey may deem Necessary the regulation the
practice Of their respective Courts sud may, from tune TO
time alter revise the For this pupose special terms
Of said Courts Of Appeals shall be held in the several Circuits
at the place, hereinafter mentioned on the hfst Tuesday In
september, l6G6.
Sac IS Ths, appes may be taken from the final juds
ment Of District Court in any criminal action to the proper
Of Appeal. within 30 days aer the entry OF such jude
msnt But such appeal shall no, operate as stay OF pro
ce.ding' unless orderedby Judge Of the Court The
decision upon such appeal shall be remed to
the District Cour, to BE- enforced according to law
To- That OF said Court Of Appeals shall be held
in the several Judicial circuits. e,cep, the enh the frs.
Tuesday Of May In each year and at the following places In
ia the City Of Nsw.York n the Third Circuit in the City of
Phiadepha In the Fourth Circuit In the City OF Batimore
the n IL q. .f , 81 n ~. dy IL n. seventh 'ns
the City OF Cleveland; IN the Eighth Circuit in the City Of
the Tenth Circuit the term. shall be held annually on the rs
Mondsy of June In the City Of San Francisco Adjourned
term. may o be held from time to time as in the judgment
SEC H. That the decision Of the Court Of Appeals upon
question:. offact shall in al be final and conclusive but
review upon the law msy be had upon writ OF
peal In the provided by law to the Supreme
Court Of the United States from every hna Judgment OF de-
cree rendered upon any decision Of Court OF Appeals where
the matter In controversy exceeds the value Of Sl0
Ooo where the adjudication involves question upon the
Of the Constitution Of the United states
treaty patent law Of the United States
the Court shall certify tina, the adjudication involve.
legal question OF sufficient importance TO require that tho final
decision thereof should be made by the Supreme Court Such
writ of appeal shall be sued out taken within one
year after the entry the Judgment decree sought to be
reviewed The Supreme Court may affirm or modify or re-
verss the Judgment decree brought before for review
to be bad as the Ju.ce Of may require
The judgment decision shall remtted 10 the proper Dis
Ssc is That Comnsonefs who have been appointed BY
any Ccs Count In any district by virtue Of act Of Con
such district aud tho several District Courts shall hereafter
have the powers to appoint aud remove
hersofore been Possessed and exercised oy tue ou
sro Is That any Judge who .h, IN pursuance Of the pro