Chapter XVII. to regulate the Exercise of the appellate Jurisdiction of the Supreme Court of the United Slates, in certain Cases, and for other Purposes
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Chap. XVII.— An Act to regulate the Exercise of the appellate Jurisdiction of the Supreme Court of the United Slates, in certain Cases, and for other Purposes.Feb. 22, 1847. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatJurisdiction of suits.Records and proceedings in certain cases to be transferred to the District Court of the U. S. for the District of Florida.1828, ch. 70.1830, ch. 106. all and singular the records of the proceedings in the several cases which were pending in the superior courts [of the] late Territory of Florida, under and by virtue of the act of Congress of the twenty-third of May, eighteen hundred and twenty-eight, entitled “An Act Supplementary to the several Acts providing for the Settlement and Confirmation of private Laud Claims in Florida,” and under and by virtue of an act entitled “An Act to provide for the final Settlement of Land Claims in Florida,” approved twenty-sixth May, eighteen hundred and thirty, and in the several cases which were pending in the Court of Appeals of the same Territory, on the third day of March, in the year of our Lord one thousand eight hundred and forty-five, and all and singular the records of the proceedings in the several cases in which judgments or decrees had been rendered in the said courts on or before that day, and from which writs of error could have been sued out or appeals could have been taken, or from which writs of error had beenTWENTY-NINTH CONGRESS.
Sess. II. Ch. 17. 1847.129 sued out, or appeals had been taken, and prosecuted to the Supreme Court of the United States, according to the laws of the United States which were in force on the said third day of March, in the year of our Lord one thousand eight hundred and forty-five, shall, from and after the passing of this act, be transferred to and deposited in the District Court of the United States for the District of Florida. Sec. 2. *And be it further enacted,* ThatThe judge to cause the same to be notified to the clerks of the superior courts, &c. it shall be the duty of the judge of the District Court of the United States for the District of Florida, immediately after the passing of this act, to cause the same to be notified to the several clerks of the superior courts, or other officers or persons having in their possession or custody the records of the proceedings in the first section of this act referred to and described, and to demand the delivery of the same, to be deposited as in and by the said first section of this act is required; and on the refusal of such clerk or other officer or person to comply with such demand, the said judge of the DistrictDelivery of records, &c. may be compelled.
Court of the United States is hereby authorized and required to compel the delivery of the said records by attachment or otherwise, according to law. Sec. 3. *And be it further enacted,* ThatWrits of error and appeals to the Supreme Court of the U. States, from certain courts in Florida. in all cases in which judgment or decrees have been rendered in the said superior courts or Court of Appeals of the late Territory of Florida, and from which writs of error have been sued out or appeals have been taken to the Supreme Court of the United States, the said Supreme Court shall be, and is hereby, authorized to hear and determine the same, and the mandates of the said Supreme Court for the execution of the judgments or decrees so to be rendered by them, and all other writs which may be necessary in the exercise of the appellate jurisdiction of the said court in such cases, shall be directed to the District Court of the United States for the District of Florida; and the said District Court shall cause the same to be duly executed and obeyed.
Sec. 4. *And be it further enacted,* ThatDistrict Court of Florida to take cognizance of certain cases.1828, ch. 70. the District Court of the United States for the District of Florida shall take cognizance of all cases which were pending and undetermined in the said superior courts, under and by virtue of the act of Congress of the twenty-third May, eighteen hundred and twenty-eight, entitled “An Act supplementary to the several Acts providing for the Settlement and Confirmation of private Land Claims in Florida,” and under and by virtue of an act entitled1830, ch. 106.
“An Act to provide for the final Settlement of Land Claims in Florida,” approved twenty-sixth May, eighteen hundred and thirty; and of all cases which were pending and undetermined in the Court of Appeals of the late Territory of Florida, and from the judgments or decrees to be rendered in which writs of error could have been sued out or appeals could have been taken to the Supreme Court of the United States, under the laws which were in force on the third day of March, in the year of our Lord one thousand eight hundred and forty-five, and shall proceed to hear and determine the same; and from the judgments or decrees to be rendered by the said District Court, writs of error may be sued out or appeals may be taken to the Supreme Court of the United States,Appeals. in the same manner as if such judgments or decrees had been rendered in the Court of Appeals of the Territory of Florida; and the mandates and all writs necessary to the exercise of the appellate jurisdiction of the said Supreme Court in such cases, shall be directed to the District Court of the United States for the District of Florida, and the said District Court shall cause the same to be duly executed and obeyed.
Sec. 5. *And be it further enacted,* ThatOne year allowed to the parties in certain cases for suing out writs of error and taking appeals to the Supremo Court U. States. in all cases not legally transferred to the State courts in which judgments or decrees have been rendered in the superior courts or Court of Appeals of the late130TWENTY-NINTH CONGRESS. Sess. 130. Territory of Florida from which writs of error could have been sued out or appeals could have been taken to the Court of Appeals of said Territory, or to the Supreme Court of the United States under the laws which were in force on the third day of March, in the year of our Lord one thousand eight hundred and forty-five, and in which writs of error have not hitherto been sued out or appeals have not hitherto been taken, there shall be allowed to the parties in the said cases the term of one year, from and after the passing of this act, for suing out such writs of error or taking such appeals to the Supreme Court of the United States, which shall have jurisdiction to review the same.
Sec. 6. *And be it further enacted,* ThatTransfer of unfinished business and proceedings.1834, ch. 87. any unfinished business or proceedings now remaining or pending before the judge of the superior court at St. Augustine, as a commissioner under and by virtue of the “Act for the Relief of certain Inhabitants of East Florida,” approved twenty-sixth June, eighteen hundred and thirty-four, or under any other act granting special powers, or imposing special duties upon said judge be, and the same are hereby, transferred to the judge of the District Court of the District of Florida, to be proceeded in and finished, or decided, in the same manner provided for by law; and the said district judge shall have, exercise, and possess, the same duties, powers, and rights, which have by virtue of the act of twenty-sixth June, eighteen hundred and thirty-four aforesaid, or otherwise, been possessed and exercised by the said judge of the superior court at St.
Augustine, so far as may be necessary to enable the said district judge to determine and finish any matter, business, or proceedings now pending and undetermined before the judge of the superior court aforesaid, by virtue of any such special act. Sec. 7. *And be it further enacted,* ThatThe provisions of this act made applicable to cases pending in the courts of the late Territory of Michigan. all and singular, the pro-visions of this act, so far as may be, shall be, and they are hereby, made applicable to all cases which were pending in the supreme or other superior courts of and for the late Territory of Michigan at the time said Territory was admitted as a State into the Union, and to all cases in which judgments or decrees have been rendered in said supreme or superior court of said late Territory of Michigan, and not hitherto removed as aforesaid by writ of error or appeal.
Sec. 8. *And be it further enacted,* ThatOther cases which are to be transferred to the District Court for the District of Florida. in all cases pending in any of the superior courts of said Territory of Florida, or in the Court of Appeals of said Territory, on the third day of March, eighteen hundred and forty-five, and not legally transferred to the State courts of the State of Florida, and which said territorial courts continued to hold cognizance of, and proceeded to determine after said day, or which are claimed to have been since pending therein as courts of the United States; and in all cases of federal character, and jurisdiction commenced in said territorial courts after said day, and in which judgments or decrees were rendered, or which are claimed to have been since pending therein, the records and proceedings thereof, and the judgments or decrees therein are hereby transferred to the District Court of the United States for the District of Florida;Writs of error and appeals. and writs of error and appeals may be taken by either party to remove the judgments or decrees that have been, or may be, rendered in such cases unto the Supreme Court of the United States, and the Supreme Court may hear and decide such cases on such writ of error or appeal, and issue its mandate to said District Court:Limitation of one year. *Provided, however,* Such writ of error or appeal shall be taken within one year from the passage of this act, or one year from the rendition of such judgment or decree hereafter rendered: *And provided, also,*Construction of this act.
That nothing in this act shall be construed as affirming or disaffirming the jurisdiction, power, or authority of the territorial judges to proceed in, or try, or determineTWENTY-NINTH CONGRESS. Sess. II. Ch. 20. 1847.131 such cases after the third of March, eighteen hundred and forty-five, but the same may be referred to said Supreme Court for its decision in all said cases on such writ of error or appeal. Approved, February 22, 1847.