Chapter CXLI. *Relating to the Supreme Court of the District of Columbia*
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CHAP. CXLI.— An Act *Relating to the Supreme Court of the District of Columbia*. June 21, 1870. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Terms of the supreme court of the District of Columbia established.1863, ch. 91.Vol. xii. p. 762. That the several general terms and special terms of the circuit courts, district courts, and criminal courts authorized by the act approved March third, eighteen hundred and sixty-three, entitled “An act to reorganize the courts in the District of Columbia, and for other purposes,” which have been or may be held, shall be, and are declared to be, severally, terms of the supreme court of the Judgments, decrees, &c.District of Columbia; and the judgments, decrees, sentences, orders, proceedings, and acts of said general terms, special terms, circuit courts, district courts, and criminal courts heretofore or hereafter rendered, made,FORTY-FIRST CONGRESS.
Sess. II. Ch. 141,142. 1870.161 or had, shall be deemed judgments, decrees, sentences, orders, proceedings, and acts of said supreme court: Provided, That nothing herein containedRight of appeal not affected. shall affect the right of appeal as provided by law. Sec. 2. *And be it further enacted*, That the supreme court of the DistrictSupreme court of the District of Columbia to consist of a chief justice and four associates. of Columbia shall hereafter consist of a chief justice and four associate justices; and for this purpose there shall be appointed by the President, by and with the advice and consent of the Senate, an additional justice of said court, with the like powers, to take the same oaths, to perform the same duties, and to receive the same salary, as the other associate justicesSalary, &c. of the court.
Sec. 3. *And be it further enacted*, That whenever, at a session of theWhen the court held by four justices is equally divided, either party may have the cause reargued before the five justices. court in general term held by four of the justices, the court shall be equally divided in opinion upon the question involved in any cause argued or submitted to the court, such division of opinion shall be noted upon the minutes of the court; and thereupon, and within four days thereafter, either party in such cause may file with the clerk of the court a motion in writing to have such cause reargued before the five justices; and such reargument or rehearing shall be had as soon thereafter as conveniently may be.
Sec. 4. *And be it further enacted*, That all the powers and jurisdictionPowers, &c. of orphans’ court of Washington county may be exercised by a justice at a special term of the supreme court. by law now held and exercised by the orphans’ court, of Washington county, in the District of Columbia, shall hereafter be held and exercised by the justice holding the special term of the said supreme court for that purpose, subject always to the same provisions as are contained in the fifth section of the act of Congress, entitled “An act to reorganize the courts in the District of Columbia, and for other purposes,” approved March third, eighteen hundred and sixty-three.
Sec. 5. *And be it further enacted*, That the orphans’ court of WashingtonOrphans’ court of Washington county abolished.Laws relating thereto continued in force.Office of register of wills not abolished. county, District of Columbia, be, and the same is hereby, abolished ; and all laws and parts of laws relating to said orphans’ court, so far as the same are applicable to said supreme court, are hereby continued in force in respect to said supreme court; and all other laws and parts of laws relating to said orphans’ court are hereby repealed:
Provided, however, That nothing herein contained shall be construed to abolish the office of register of wills for said county. Approved, June 21, 1870.