Year: 1876

SEC. 8. That cases pending In any cir
cult court On the said first day Of Sep
tember upon appeal or writ OF error shall
be heard and determined by such circuit
court in the same manner as il this act
had not been passed.


SEC. 9. That the said courts Of appeals
shall, respectively, adopt such rules
as they may deem proper to regulate
the manner OF taking such ap-
peals and suing out such writs
OF error. They may also establish such
other rules as they may deem necessary
for the regulation Of the practice OF their
respective courts, and not Inconsistent
with law, and may, from time to time,
alter and revise the same.


SEC. TO- That o writ OF error may be-
sued out from the final judgment OF -
circuit or district court in any criminal
action to the proper court OF appeals
within ninety days after the entry Of
such judgment; but sucn writ Of error
shall not operate as q stay Of proceed
/ ings, unless it is so ordered by q Judge Of
| the court Of appeals. The judgment Or
| decision upon such writ OF error shall
| be rernitted to the circuit or district
court appealed from, to be enforced
according to law.


| SEC. H. That the terms Of the said





several Judicial circuits at the following
| places In the first circuit, in the city OF
| Boston /; in the second circuit, in the city
Of New York; In the third circuit, in the
city Of Philadelphia; in the fourth
circuit, in the city Of Richmond;
| in the fifth circuit, in the city OF
New Orleans in the sixth circuit, in the
| city Of Louisville; in the seventh circuit,
in the city Of Chicago; in the eighth cir
cult, in the city OF st. Louis; 10 the
ninth circuit, In the city OF San Fran
cisco. The first term OF said court OF
appeals shall be held at each Of said
/ places on the first Tuesday in November.
eighteen hundred and seventy. six, at
which time the several courts shall, by
All order to be entered OF record, fix the
times at which said courts shall be there
after held, which times may be from
time to time changed by the court in the
| same manner, but no change shall take
effect until three months after the same
has been made and entered OF record.
and published In such manner as tho
court shall order. Adjourned terms
may also be held from time to time, as, io
the Judgment Of the court, the public
/ interests shall require.


SEC. IL. That the decision Of The court.
OF appeals upon questions Of fact,
shall in all cases, except es hereinafter
provided, be final and conclusive !:


but review upon the law may be-
had, upon writ OF error or appeal
In the manner now provided by law


to the Supreme Court Of the United


states, from every final judgment or de-
cree ren1ered upon any decision Of O.


court OF appeals where the matter In
controversy exceeds the sum or value Of


ten thousand dollars, or where the adiu-


dication involves q question upon the


construction OF the Constitution of the
United States, or any treaty or revenue
law Of the United States, or where the


court shall certify that the adjudication


involves q legal question Of sufficient


importance to require that the final de-


cision thereof should be made by the
J Supreme Court. Such writ Of error or
! one year after the entry Of the judgment


or decree sought to be reviewed. TIE
Supreme Court may affirm or modify


or reverse the Judgment Or de-
cree brought before it foa re-
} view, or may direct judgment or decree


to be rendered, or such further proceed


ings TO be had as the justice Of the case


may require. The judgment or decision


shall be rernitted to the proper circuit
! or district court, to be enforced accord


ing to law. Appeals in ehancery shall





peaIs TO the Supreme Court of the


United States in cases where the mat
ter in controversy exceeds the sum or
value Of ten thousand dollars, in the
manner now provided by law for taking
appeals in like cases from the circuit
court.


SEC. 10. Thai any district Judge whe


shah, in the pursuance Of tho pro
visions Of this act, attend any
court Of appeals at any place other
than his own residence, shall be allowed
his reasonable expenses for travel and
} attendance, not to exceed ten dollars pen
day, to be certified by the clerk anu paid
by the marshal Of the district in which
; such court shall be held, and allowed tc
him in his accounts with the United
States.


T SEC. IA. That the clerks Of the said
: courts Of appeals and the marshals az


tending the same shall be allowed the
: same compensation for their services
: respectively, as are now allowed by Law
; to the clerk Of the circuit courts Of tbs
: United States and the marshal Of the
United States for similar services in this
circuit courts, and shall have the like


remedies for collecting the same.
SEC. Is. That section e10 Of the Re
vised Statutes OF the United States be
: and it is hereby repealed, and the fol
, lowing is enacted In lieu thereof: ''The
: Chief Justice and each Justice Of the
Supreme Court may attend any term d
, the circuit or district court within hi;
, circuit, and when so attending shall sit