Chapter XCI. to reorganize the Courts in the District of Columbia, and for other Purposes
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Chap. XCI.— An Act to reorganize the Courts in the District of Columbia, and for other Purposes.March 3, 1863. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatSupreme court established in the District of Columbia. there shall be establishedTHIRTY-SEVENTH CONGRESS. Sess. III. Ch. 91. 1863.763 in theJurisdiction.Justices.Appointment and term of office. District of Columbia a court to be called the supreme court of the District of Columbia, which shall have general jurisdiction in law and equity.
It shall consist of four justices, one of whom shall be denominated as chief justice. These justices shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold their offices during good behavior. Each justice, before he enters upon the duties of his office, shall take the oath prescribed to be taken byOath. judges of the courts of the United States. Any three of said justices may hold a general terra, and any one of them may hold a special term,General term.Special term. or circuit court, as hereinafter provided.
A special term may be held at the same time with a circuit court and by the same justice. Sec. 2. *And be it further enacted,* ThatClerk, bond, sureties. the said court shall have power to appoint a clerk, who shall take the oath, and give a bond, with sureties, in the manner prescribed by law for clerks of district courts of the United States. Sec. 3. *And be it further enacted,* ThatPowers and jurisdiction of supreme court. the supreme court organized by this act shall possess the same powers and exercise the same jurisdiction as is now possessed and exercised by the circuit court of the District of Columbia, and the justices of the court so to be organized shall severally possess the powers and exercise the jurisdiction now possessed and exercised by the judges of said circuit court.
Any one of said justices may hold a district court of the United States for the District of Columbia,District court. in 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 a criminal court for the trial of allCriminal court. crimes and offences arising within said district, which court shall possess the same powers and exercise the same jurisdiction now possessed and exercised by the criminal court of the District of Columbia.
Sec. 4. *And be it further enacted,* ThatGeneral terms of supreme court. general terms of the said supreme court shall be held at the same times at which terms of the circuit court of the District of Columbia are now required to be held, and at the sathe place. District courts and criminal courts shall also be held by oneTerms of district and criminal courts. of said justices at the scierai times when such courts are now required by law to be held, and at the same place. Sec. 5. *And be it further enacted,* ThatSpecial terms of supremo court. special terms of said supreme court shall be held by one of said justices, at such time or times as the said court, in general term, shall appoint.
Non-enumerated motions in all suits and proceedings at law and in equity shall first be heard and determined at such special terms. Suits in equity, not triable by jury, shall also be heard and determined at such special terms. But the justice holding such special term may, in his discretion, order any such motion or suit to be heard, in the first instance, at a general term. Any party aggrieved by any order, judgment, or decree, made or pronounced at any such special term, may, if the same involve the merits of the action or proceeding, appeal therefrom to the general term of said supreme court,Appeals to general term. and upon such appeal the general term shall review such order, judgment, or decree, and affirm, reverse, or modify the same, as shall be just.
Sec. 6. *And be it further enacted,* ThatRules for appeals and practice. the said court, in general term, shall adopt such rules as it may think proper to regulate the lime and manner 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 practice of the several courts organized by this act, and from time to time revise and alter such rules.
It may also determine by rule what motions shall be beard at a special term, as non-enumerated motions, and what motions shall be heard at a general term in the first instance. Sec. 7. *And be it further enacted,* ThatTrials of issues of fact, all issues of fact triable by a jury or by the court shall be tried before a single justice; when the trial764 is by jury,Issues of law, how tried. at a circuit court; and when the trial is without a jury, at a circuit court or special term.
Issues of law may be tried at a circuit court or special term. At any time after issue, and at 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 the silting of the court, with a note of the issue, containing the title of the action, the names of the attorneys, and the time when the last pleading was served; and the clerk shall thereupon enter the cause upon a calendar, according to the date of the issue.
Sec. 8. *And be it further enacted,* ThatExceptions. if, upon the trial of a cause, an exception be taken, it may be reduced to writing at the time, or it may be entered on the minutes of the justice, and afterwards settled in such manner as may be provided by the rules of the court, and then stated in writing in a case or bill of exceptions, with so much of the evidence as may be material to the questions to be raised, but such case or bill of exceptions need not be sealed or signed.
The justice who tries the cause may,New trials. in his discretion, entertain a motion, to be made on his minutes, to set aside a verdict and grant a new trial upon exceptions, or for insufficient evidence, or for excessive damages:Proviso. *Provided,* That such motion be made at the same term or circuit at which the trial was had. When such motion is made and heard upon the minutes, an appeal to the general term may be taken from the decision, in which case a bill of exceptions or case shall be settled in the usual manner.
Sec. 9. *And be it further enacted,* ThatMotion for new trial, &c., to be heard at general term. a motion for a new trial on a case or bill of exceptions, and an application for judgment on a special verdict or a verdict taken subject to the opinion of the court, shall be heard in the first instance at a general term. Sec. 10. *And be it further enacted,* ThatWrits, &c., how tested. writs and process issued out of the court hereby organized may be tested in the name of any justice of said court.
Sec. 11. *And be it further enacted,* ThatWrits of error and appeals to supreme court of the United States. any final judgment, order, or decree of said court may be reexamined and reversed or affirmed in the supreme court of the United States, upon writ of error or appeal, in the same cases and in like manner as is now provided by law in reference to the final judgments, orders, and decrees of the circuit court of the United States for the District of Columbia. Sec. 12. *And be it further enacted,* ThatAppeals from judgments of justices of the peace. appeals may be made from the judgments of justices of the peace to the court hereby organized in like manner and in the same cases in which such appeals are now allowed to the circuit court of the United States for the District of Columbia.
Such appeals shall be heard and decided at a special term. Sec. 13. *And be it further enacted,* ThatProvision for pending process. all suits and proceedings which, at the time this act takes effect, shall be pending in any of the courts hereby abolished shall be transferred to the courts to be established under the provisions of this act, and may be prosecuted therein with the same effect as they might have been in the court in which the same were commenced. Process issued out of any of said courts shall also be returned to the court hereby established.
Sec. 14. *And be it further enacted,* ThatJustices of the peace may be removed on notice, &c. justices of the peace may be removed by the court to be organized under the provisions of this act at a general term, after due notice, and an opportunity to be heard in their defence, and for causes to be assigned in the order of removal. Sec. 15. *And be it further enacted,* ThatPay of justices. the justices to be appointed by virtue of this act shall receive an annual salary of three thousand dollars, to be paid quarterly at the treasury of the United States.
Sec. 16. *And be it further enacted,* ThatCircuit, district, and criminal courts of the district of Columbia abolished. the circuit court, district court, and criminal court of the District of Columbia are hereby abolished. All laws and parts of laws relating to said courts, so far as the same are applicable to the courts created by this act, are hereby con-THIRTY-SEVENTH CONGRESS. Sess. III. Ch. 91, 92. 1863.765tinued inSaving and repealing clause. force in respect to such courts, and all other laws and parts of laws relating to said circuit, district, and criminal courts, are repealed.
Sec. 17. *And be it further enacted,* ThatPresident may appoint person to codify laws of the District of Columbia. the President of the United States be and he is hereby, authorized and empowered to appoint, by and with the advice and consent of the Senate, a suitable person, learned in the law, to revise and codify the laws of the District of Columbia. Sec. 18. *And be it further enacted,* ThatPay, and when to report. the person who shall be thus appointed shall receive ten dollars per day for his services whilst so employed, and shall render a final report of his revision and codification to Congress on or before the first day of January next.
Approved, March 3, 1863.