Chapter VII. *to provide for a District and a Circuit Court of the United States for the District of Nebraska, and for other Purposes.*March 25, 1867. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the State of Nebraska Nebraska to constitut
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CHAP. VII.— An Act *to provide for a District and a Circuit Court of the United States for the District of Nebraska, and for other Purposes.*March 25, 1867. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the State of Nebraska Nebraska to constitute one judicial district. shall hereafter constitute one judicial district, and be called the district of Nebraska; and for said district a district judge, a marshal, and a districtJudge, marshal, and attorney to be appointed. attorney of the United States, shall be appointed by the President, by and with the advice and consent of the Senate.
Sec. 2. *And be it further enacted,* That the said district of Nebraska District of Nebraska to be attached to eighth judicial circuit. shall be attached to and constitute a part of the eighth judicial circuit; and a term of the circuit court and district court of the United States for said district shall be held in the city of Omaha, in the State of Nebraska, Times and places of holding circuit and district courts. on the first Monday of May, and on the first Monday of November, in each year.
Sec. 2. *And be it further enacted,* That the circuit and district courts Jurisdiction, powers, and duties of the circuit and district courts. of the United States for the district of Nebraska, and the judges thereof respectively, shall possess the same powers and jurisdiction and perform the same duties possessed and performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. Sec. 4. *And be it further enacted,* That the district judge appointed Salary of district judge. for the district of Nebraska shall receive as his compensation the sum of thirty-five hundred dollars a year, payable in four equal instalments, on the first days of January, April, July, and October of each year.
Sec. 5. *And be it further enacted,* That the marshal and district attorney Powers and duties of the marshal and district attorney. of the United States, and clerk of the circuit and district courts, for the said district of Nebraska, shall severally possess the powers and perform the duties lawfully possessed and performed by similar officers in other districts of the United States, and shall for the services they may Fees and compensation. perform receive the fees and compensation allowed by the act entitled “ An 1853, ch. 80.
Vol. x. p. 161. act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States, and for other purposes,” approved February twenty-sixth, eighteen hundred and fifty-three. Sec. 6. *And be it further enacted,* That all cases of appeal or writ of Provision as to appeals and writs of error. error, heretofore prosecuted, and now pending in the Supreme Court of the United States, upon any record from the supreme court of the Territory of Nebraska, or which may hereafter be prosecuted from said court as herein allowed, may be heard and determined by the Supreme Court of the United States, and the mandate of execution or of further proceedings shall be directed by the Supreme Court of the United States to the circuit or district court of the United States for the district of Nebraska, or to the supreme court of the State of Nebraska, as the nature6 of said appeal or writ of error may require, and each of these courts shall be the successor of the supreme court of Nebraska Territory as to all such cases, with full power to hear and determine the same, and to award mesne or final process thereon.
And from all judgments and decrees of the supreme court of the Territory of Nebraska, prior to its admission as a State, the parties to said judgments and decrees shall have the same right to prosecute appeals and writs of error to the federal courts as they had under the laws of the United States prior to the admission of said State of Nebraska into the Union. Sec. 7. *And be it further enacted,*District judge for Iowa to act in Nebraska until a judge is appointed. That until a judge for said district of Nebraska shall be duly appointed, the district judge of the United States for the district of Iowa shall act as the district judge of Nebraska, and shall have and exercise the same jurisdiction and power in the district hereby created as he has in the district of Iowa.
Approved, March 25, 1867.