Chapter 74. to establish a court of appeals for the District of Columbia, and for other purposes
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CHAP. 74.— An Act to establish a court of appeals for the District of Columbia, and for other purposes.February 9, 1893. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,District of Columbia.Court of appeals established. That there shall be, and there is hereby, established in the District, of Columbia a court, to be known as the court of appeals of the District of Columbia, which shall consist 435 of one chief justice and two associate justices, who shall be appointedJustices. by the President, by and with the advice and consent of the Senate, and shall hold office during good behavior.
Sec. 2. That the said justices shall each receive an annual salary ofSalaries. six thousand dollars, payable quarterly at the Treasury of the United States, except the chief justice, who shall receive six thousand five hundred dollars. Sec. 3. That each of said justices, before he enters upon the dutiesOath. of his office, shall take the oath prescribed by law to be taken by the judges of the courts of the United States. Sec. 4. That there shall be a clerk of said court of appeals,Clerk. to be appointed by the court, who shall receive as compensation for his services, in the discretion of the court, an annual salary not to exceed the sumSalary. of three thousand dollars, payable quarterly at the Treasury of the United States, and who shall give bond, such as the court may determine to be satisfactory, for the faithful performance of his duties; andDuties. his duties shall be such as the court may from time to time prescribe.
The court shall regulate from time to time the fees to be charged byFees. the said clerk, which shall be accounted for at least once in each quarter and paid into the Treasury of the United States; and said clerk shall receive such allowance for clerical assistance and necessary expendituresClerical assistance. in the conduct of his office as the court may determine by special or general order in the premises, but not to exceed the sum ofMaximum. two thousand dollars in any one year, payable as aforesaid at the Treasury of the United States.
Sec. 5. That said court of appeals may appoint a crier at a compensationCrier and messenger. not to exceed one hundred dollars a month, and a messenger at a compensation not to exceed sixty dollars a month, both payable at the Treasury of the United States, who shall perform such duties as may be assigned them by the court. Sec. 6. That the said court of appeals shall establish a term of theTerms. court during each and every month in each year excepting the months of July and August, and it shall make such rules and regulations asRules, etc. may be necessary and proper for the transaction of the business to be brought before it, and for the time and method of the entry of appeals and for giving notice of appeals thereto from the supreme court of the District of Columbia, and such other rules and regulations as may be necessary and proper in the premises.
If any member of the court shall be absent on account of illness orDesignation of supreme court justices to till temporary vacancies. other cause during the session thereof, or shall be disqualified from hearing and determining any particular cause by having been of counsel therein, or by having as a justice of the supreme court of the District of Columbia previously passed upon the merits thereof, or if for any reason whatever it shall be impracticable to obtain a full court of three justices, the member or members of the court who shall be present shall designate the justice or justices of the supreme court of the District of Columbia to temporarily till the vacancy or vacancies so created, and the. justice or justices so designated shall sit in said court of appeals and perform the duties of a member thereof while such vacancy or vacancies shall exist: *Provided*, That no justice of the supreme*Proviso*.Justices not to review their own judgments, etc. court of the District of Columbia shall, while on the bench of said court of appeals, sit in review of any judgement, decree, or order which he shall have himself entered or made.
Sec. 7. That any party aggrieved by any final order, judgment, orAppeals from supreme court. D. C. decree of the supreme court of the District of Columbia, or of any justice thereof, may appeal therefrom to the court of appeals hereby created; and upon such appeal the court of appeals shall review such order, judgment, or decree, and affirm, reverse, or modify the same as shall be just: *Provided, however*, That all causes now pending before the*Proviso*.Transfer of causes from supreme court. said supreme court in general term, together with the original papers and record entries duly certified, shall by appropriate orders duly entered of record be transfered and delivered to the court of appeals 436 hereby created, which said court of appeals is hereby vested with authority and jurisdiction to hear and determine the causes so transferred.
Appellate power of supreme court abolished.Appeals from interlocutory orders.The appelate power and jurisdiction of said general term is hereby abrogated and abolished, and no causes shall hereafter be heard in the said general term. Appeals shall also be allowed to said court of appeals from all interlocutory orders of the supreme court of the District of Columbia, or by any justice thereof, whereby the possession of property is changed or affected, such as orders for the appointment of receivers, granting injunctions, dissolving writs of attachment, and the like; and also from any other interlocutory order, in the discretion of said court of appeals, whenever it is made to appear to said court upon petition that it will be in the interest of justice to allow such appeal.
Sec. 8. That any final judgment or decree of the said court of appealsAppeal, etc., to Supreme Court of the mayUnited States. be reexamined and affirmed, reversed, or modified by the Supreme Court of the United States, upon writ of error or appeal, in all causes in which the matter in dispute, exclusive of costs, shall exceed the sum of five thousand dollars, in the same manner and under the same regulations as heretofore provided for in eases of writs of error on judgment or appeals from decrees rendered in the supreme court of the District of Columbia: and also in eases, without regard to the sum or value of the matter in dispute, wherein is involved the validity of any patent or copyright, or in which is drawn in question the validity of a treaty or statute of or an authority exercised under the United States.
Sec 9. That the determination of appeals from the decision of the Commissioner of Patents, now vested in the general term of the supremeTo try appeals from Commissioner of Patents. court of the District of Columbia, in pursuance of the provisions of [R. S. D. C., sec. 750. p. 93](/us/rs/dc/s750/p93).section seven hundred and eighty of the Revised Statutes of the United States, relating to the District of Columbia, shall hereafter be and the same is hereby vested in the court of appeals created by this act; and in addition, any party aggrieved by a decision of the Commissioner of Patents in any interference, case may appeal therefrom to said court of appeals.
Sec 10. That the opinion of the said court of appeals in every caseOpinions to be in writing. shall be rendered in writing, and shall be filed in such case as a part of the record thereof. Sec 11. That the said court of appeals shall have power to issue allWrits. necessary and proper remedial prerogative writs in aid of its appellate jurisdiction. Sec. 12. That the Attorney General is hereby empowered and directedCourt rooms. to provide suitable rooms and accommodations in the city of Washington for the court of appeals hereby created and for the transaction of its business.
Sec. 13. That the marshal of the United States for the District ofExecution of orders and processes. Columbia shall execute the orders and processes of the court of appeals hereby created in the same manner as he now executes those of the supreme court of the District of Columbia. Sec. 14. That the justices of the supreme court of the District ofSalaries of justices, supreme court. D. C. Columbia shall hereafter receive an annual salary of five thousand [R. S. D. C., sec. 751, p. 90](/us/rs/dc/s751/p90).dollars each payable quarterly at the Treasury of the United States.
Sec. 15. That hereafter one-half of the amounts paid on account of One-half of salaries from District revenues.salary to the justices of the court of appeals hereby created, and to the justices of the supreme court of the District of Columbia, shall be paid from the revenues of the District of Columbia. Sec. 16. That this act shall take effect on the third day of April,To take effect April 3, 1893 eighteen hundred and ninety-three, said day being the first day of the April term of the supreme court of the.
District of Columbia in general term. Sec. 17. That all acts and parts of acts inconsistent herewith areRepeal, etc. hereby repealed. Approved, February 9, 1893.