The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-02-11
TIE NATIONAL JUDICIARY.

In the House Of Representatives, Jan
uary 25, 1876, Mr.. Knott, from the Com
mittee on the Judiciary, reported the
following bill, which was read twice, re-
committed to the Committee On the
Judiciary, and ordered to be printed:
A BILL
To re-organize the. Judiciary of the United
Be it enacted by the Senate md House
of KeDresept1tiUes Of the United SUITES Of
1uerirn I'm Congress assembled, That q
circuit court shall be held in every judi
cial district Of the United States at the
same time and place at which district
court shall Or may be held and such
circuit court is hereby created and estab-
court now exists, and shall belong TO the
circuit in whose territorial limits 1T is
embraced; and when more than one
Judge competent to hold such circuit
court Is present, each judge may hold
O separate session thereof, in which
case the presiding justice or Judge
shall, from time TO time, de-
signate the causes to be tried or
heard before the other judge or judges.
And when no separate terms or sessions
are prescribed by law for the circuit and
panel OF jurors selected and summoned
for the district court shall also be the
panel Of the circuit court, unless a
special order to the contrary be made
by one Of the judges OF said circuit
court at least thirty days before the
term.
SECTION. 2. That the several circuit
courts of the United States shall have
and exercise no jurisdiction In cases OF
appeals or writs Of error allowed, taken
or sued out after the first day OF Septem-
Der, 1876, except that writs OF error, .ap-
peals and reviews In bankruptcy cases
may be had as heretofore provided.
SEC. 8. That there shall be established
| in each Of the circuits Of the United
| States, o court to be called the court OF
appeals, which shall have appellate
! jurisdiction, subject to the provisions OF
| this act, of all cases arising In the sew
eral circuit and district courts within
said circuits, respectively. The justice
Of the Supreme Court assigned to the
circuit, the circuit judge thereof, and the
several district judges Of the districts
composing the circuits, shall be judges
Of said court OF appeals, any three Of
whom shall be % quorum provided,
| however, that no Judge who has heard q
cause in the court below shall sit in the
court Of appeals upon the hearing OF the
same cause, or be consulted, or give any
opinion to the other judges In relation
/ thereto. The justice Of the Supreme
Court, or in his absence, the circuit
Judge, If present, shall preside IL both
be absent, the district Judge senior in
office present shall preside, In the abb
seDce of o quorum, any judge may ad-
journ the court from day TO day.
| SEC. 4. That such court OF appeals
ha1 ~. E, ofYtrt ~ rnnort and shall have
q seal, the form and device Of which it
shall devise. 1t shall also have clerk,
to be appointed by and removable at the
pleasure Of the presiding justice. SUCH
clerk may, with the approval Of the
court, to be entered Of record, appoint a
deputy, who, In case Of the death Oh
resignation OF the clerk, may perform the
duties Of clerk until another shall be ap-
pointed. Every such CLERK shall take the
oath and give the bond, with sureties,
prescribed by law for clerks Of district
courts. Process shall run In the name
of the United States, and be tested in
the name OF the presiding justice, and
shall be under the seal Of the court and
signed by the clerk.
SEC. 5. That it shall be the duty Of the
marshal of the district i'm which said
court Of appeals shall be held to attend
the sittings Of said court, and, un.
der the direction Of the Attorney Cen
eral Of the United States, and with his
approval, TO provide such rooms as may
be necessary, and for all incidental ex.
penses OF the conrt, including erier,
baiIiff and messenger; provided, that nc
or leased for the use Of said
court In any city where a
building Of the United States is situated
and which can be used for the purr,ose
And provided further, That Il, lease 81
any building or rooms fnf this purpose
shall be valid until approved by the At.
torney General (; and any such lease shall
be subject to be terminated at any time
, by the Attorney General or by Congress
The crier, bailiff and messenger shall
receive the same compensation as is now
given by law to such officers Of the Su
preme Court OF the United States.
SEC. 6. That q writ OF error in cases
proper for such writ, and in all othe;
cases, an appeal may be taken to the
court OF appeals. from any final judg
. ment or decree Of any circuit or district
court within the circuit, when the amount
claimed or the value Of the property In
controversy exceeds five hundred dol
lars, and In other cases where an appea
: or writ Of error now lies from such iudg
rnent or decree, or where the circuit OF
: district Judge shall certify that the adju
dication involves question OF genera
importance. Such appeal shall BE-
taken, or such writ Of error sued out
within ninety days after the entry Of the
Judgment or decree sought to be re-
/ versed. Upon such writ Of error or ap
. peal. the court shall review such Iudg
ment or decree, and may affirm, modify
or reverse the same, or may order new
trial or such other proceedings TO b.
: had In the proper court as shall be Just
The Judgment or decision Of such cour
! OF appeals upon any appea
shall be remitted TO the court ap
pealed from, to be enforced
according to law. The said courts shall
have power TO issue writs Of error, man
damus, scire facias, habeas corpus, ane
. all other Writs which may be necessar.
: or proper to the exercise Of their juris
diction, and agreeable TO the principle
| and usages Of law.
SEC. Z. That to render an appeal o
: writ Of error under the provisions Of tn
) foregoing section effectual for any pur
pose, q bond shall be executed, on behal
Of the appellant or plaintiff In error, b
at least one sufficient surety, 10 the effee
that the appellant or plaintiff In erro
, will pay all costs which may be awarde
6. against him On appeal. III the appeal o
!. writ Of error be from a Judgment or de
cree directing the payment Of money,
: shall not stay the execution Of tn
: Judgment or decree unless q bond 70
;, SIofttJe tho ann ~ afrch frfIeynoep+ n