Chapter 172. To amend sections four, six, and ten of the Act of February ninth, eighteen hundred and ninety-three, entitled “An Act to establish a court of appeals for the District of Columbia, and for other purposes.”July 30, 1894. *Be it enacted by the Senate and House of Representatives of the United States o
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CHAP. 172.— An Act To amend sections four, six, and ten of the Act of February ninth, eighteen hundred and ninety-three, entitled “An Act to establish a court of appeals for the District of Columbia, and for other purposes.”July 30, 1894. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Court of appeals, D. C.Vol. 27, p. 435. That section four of an Act entitled “An Act to establish a court of appeals for the District of Columbia, and for other purposes,” approved February ninth, eighteen hundred and ninety-three, be, and the same is hereby, amended so as to read as follows:
" “Sec. 4. That there shall be a clerk of said court of appeals, to be appointedClerk. by the court, who shall receive as compensation for his services 161 in the discretion of the court, an annual salary not to exceed the sumSalary. of three thousand dollars, payable monthly at the Treasury of the United States, and who shall give bond, such as the court may determineBond. to be satisfactory, for the faithful performance of his duties, and his duties shall be such as the court may from time to time prescribe.
That the said clerk of the court of appeals shall, with the approval ofAppointment of t distant clerk. the court, appoint one assistant or deputy clerk, who shall receive as compensation for his services, in the discretion of the court, an annual salary not to exceed the sum of two thousand dollars, payable monthly at the. Treasury of the United States, and who may sign the name ofDuties. the clerk to any official act required by law, or by the practice of the court, to be performed by the clerk, and may authenticate said signature by affixing the seal of the court thereto, when the impress of the seal is necessary to its authentication.
In such eases the signature shall be —————— ——————, Clerk. By —————— ——————, Assistant Clerk. The court shall regulate from time to time the fees to be charged by theFees. 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 shallOffice expenses. receive such allowance for necessary expenditures 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 of five hundred dollars in any one year, payable as aforesaid at the Treasury of the United States.
” " Sec. 2. That section six of the Act aforesaid be, and the same is hereby, amended so as to read as follows: " “Sec. 6. That said court of appeals shall establish by rule of courtTerms.*Provisos*.Rules, ote. such terms of the court in each year as to it may seem necessary: *Provided, however*, That there shall be at least three terms in each year, and it shall make such rules and regulations as may be necessary and proper for the transaction of its business and the taking of appeals to said court.
And said court of appeals shall have power to prescribeRecord, etc. what part or parts of the proceedings in the court below shall constitute the record on appeal and the form of bills of exception, and to require that the original papers shall be sent to it instead of copies thereof, and generally to regulate all matters relating to appeals whether in the court below or in said court of appeals. If any memberTemporary vacancies. of the court shall be absent on account of illness or other cause during the season thereof, or shall be disqualified from bearing and determining any particular cause by having been of counsel therein, or by having as 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 temporarilyJustice of supreme court to serve. fill 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 court of the District of ColumbiaNot to review their own judgments, etc. shall, while on the bench of said court of appeals, sit in review of any judgment, decree, or order which he shall himself have entered or made: *Provided also*, That if the parties to any cause shall so stipulateHearing by two judges. in writing by their attorneys and solicitors, such cause may be heard and determined by two justices of the court without calling in any of the justices of the supreme court of the District of Columbia: *And Provided also*, That all motions to dismiss appeals and other motions mayMotions. be beard by two justices, in the event of the absence or disqualification of any one of the justices as aforesaid: *And provided further*, That ifDivided opinions. in any cause heard before two justices as aforesaid the court shall be divided in its opinion, then the judgment or decree of the lower court shall stand affirmed.
” " 162 Sec. 3. That section ten of said Act be, and the same is hereby,Vol. 27, p. 43. amended so as to read as follows: " “Sec. 10. That the opinion of the said court of appeals in every caseOpinions. shall be rendered in writing, and shall be filed in such case as a part of the record thereof, and that the said court of appeals is hereby authorizedReporter to publish opinions. to appoint a reporter, who shall serve during the pleasure of the court and without compensation, and whose duty shall be to report, edit, and publish, in form to be prescribed by the court, its opinions.
” " Approved, July 30, 1894.