Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-03-14
NEW APPELLANTS COURT


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Anaci TO establish circuit courts OF appeals aud
10 deane aud regulate IN certain eases tho
jurisdiction Of the courts Of tho United
states, and for Other purposes.
BE II enacted by the Senate and
House Of representatives OF the Unit
ell States OF America In Congress NJ.
semblei, That there shall be appointed
by the President Of the United states,
by and with the advice aud consent Of
the Senate, In each circuit an add.
tional circuit Judge, who shall havctho
same qualifications, aud shall have tho
same power and jurisdiction therein
that the circuit Judges Of the United
States, within their respective circuits,
now have under existing laws, aud
who shall DO entitled 10 the same com.
pcnsatiou rs the circuit judges OF the
United states In their respective
circuits now have.
SEC. .. That there IL hereby created
In each circuit u circuit court VI mp.
pcals, whicn shall consist OF three
judges, of whom two shall constitute n
quorum, aud which shall be court OF
record with appellate Jurisdiction, ~ 10
hereafter limited aud established. Such
court shall prescribe the form aud style
OF its seal aud the form OF Its wrlts and
other processes and procedure as may
be- conformable 10 the exercise Of H.
jurisdlction as shall bc conferred by
law. II shall have the appointment Of
the marshal OF thr court with the same
duties aud powers under the regulations
Of the court n. are now provided for the
marshal Of the Supreme Court of the
United states, No FAT "a, the same may
be applicable. The court shall also
appolnta clerk, who shall perform aud
exercise the same duties aud powers
In regard to all matters within It's
Jurisdiction n are now exercised
and performed by the clerk ~ the
Supreme Court OF the United States,
10 far ~ the same may be applicable.
The salary OF tbs marshal Of this court
shall be twenty-five hundred dollaTH u
year, aud the salary OF the clerk Of the
court shall 10 three thousand dollars n
year, 10 DO paid In equal proportions
quarterly. The costs ani fees la the
supreme Court now provided for by
law shall he costs and fees In the cirs
cult courts Of appeals; and the same
shall he expended, accounted for, and
paid fof, aud paid over 10 the Treasury
Department of tho United States In
the same manner ~ IL provided In 70.
spcct OF the cost. anu fees In the gu
premo Court.
The court shall have power 10 estah-
lish all rules aud regulations for the
conduct Of the business Of the court
within Ia Jurisdiction ~ conferred by
law.
sEc. o. That the Chief Justice aud
the associate Justices Of the Supreme
Cour. assigned to each circnit, aud the
circuit Judges within each circuit, and
the several district Judges within each
circuit shall be- competent 10 sit a.
Judges OF the circuit court OF appeals
within their respective circuits Ia the
manner hereinafter provided. In case
tho Chief Justice OF an associate Justice
OF the Supreme Court should ut end ut
any session OF the circuit court Of ap.
p-als he shall preside, aud the circuit
Judges In attendance upon this court In
the absence Of tho Chief Justice or as
sociate Justice OF the Supreme Court
shall preside In the order OF the senior
lily OF their respective commissions.
In case the full court at any time
shall not be made up by the attend
ancc OF the Chic Justice or an hsslci-
ate Justice OF the supreme Cour. aud
circuit Judges, one or more district
judges within this circuit shall Le COM
pctent 10 sit Ia tho court according TO
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trict Judges as either by general or par
ticular assignment shall be designated
by the court Propicied, That no Justice
or Judge before whom cause or ques.
tlon may have been tried or heard In
district court, or existing circuit court,
shall VII on tue trial or hearing OF such
cause or question In the circuit court
Of appeals, A term shall be held an.
nunlly by the circuit court OF appeals
In the severa Judicial circuits at the
following places: In the flrst circuit, in
the city " Biston; In the second cir.
cult, In the city Of New York; In tho
third circuit, In the city OF philadel.
phia; In the fourth circuit, In the city
VI Richmond; In the flfth circuit, In the
city Of New Orleans; In the sixth cir
cult, In the city u Cincinnati; In the
seventh circuit, In the city Of Chicago,
In the eighth circuit, In the city Of 81.
Louis, In the ninth circuit, In the city
OF San Francisco; aud In such
other places Ia each Of the above cir
cults AS said court may from time TO
time designate. The first terms OF said
courts shall be held on the seconi
Monday Ia January, eighteen hundred
and ninuty-One, and thereafter AT such
times Ms may hes liked by said courts.
$40. !. That no appeal, whether by
writ Of error or otherwise, shall here.
after DO taken or allowed from any dis
trlcl court 10 the Q xlailng circuit cnlIria.