Page:United States Statutes at Large Volume 12.djvu/793

THIRTY—SEVENTH CONGRESS. Sess. HI. Ch. 91. 1863. 763 in the District of Columbia a court to be called the supreme court of the Di*{**l°£.°f District of Columbia, which shall have general jurisdiction in law and Cl}'? kim equity. It shall consist of four justices, one of whom shall be den0mi— J:S;c;;_ ` nated as chief justice. These justices shall be appointed by the Pres- Appointment ident, by and with the advice and consent of the Senate, and shall hold midterm ofotiice. their offices during good behavior. Each justice, before he enters upon the duties of his office, shall take the oath prescribed to be taken by Oath. judges of the courts of the United States. Any three of said justices may hold a general term, and any one of them may hold a special term, General term. or circuit court, as hereinafter provided. A special term may be held at Special term. the same time with a circuit court and by the same justice. Sec. 2. And 6e it further enacted, That the said court shall have C]grk,bo¤d’ power to appoint a clerk, who shall take the oath, and give a bond, with ¤¤¤¤fi€¤· sureties, in the manner prescribed by law for clerks of district courts of the United States. Sec. 3. And be it further enacted, That the supreme court organized _ Ifovrers and by this act shall possess the same powers and exercise the same jurlsdic- tion as is now possessed and exercised by the circuit court of the District of Columbia, and the justices of the court so to be organized shall severally possess the powers and exercise the jurisdiction now possessed and exercised by the judges of said circuit court. Any one of said justices may hold a district court of the United States for the District of Colum- District com. bia, in the same manner and with the same powers and jurisdiction possessed and exercised by other district courts of the United States. Any one of said justices may also hold a criminal court for the trial of all Criminal court. crimes and offences arising within said district, which court shall possess the same powers and exercise the same jurisdiction now possessed and exercised by the criminal court of the District of Columbia. Sec. 4. And be it further enacted, That general terms of the said su- Gcvmltemsvf preme court shall be held at the same times at which terms of the circuit °"P'°m° °°“"" court of the District of Columbia are now required to be held, and at the same place. District courts and criminal courts shall also be held by one _T<=rms 0€<ii$· of said justices at the several times when such courts are now required g)'§:,Qf‘d °'"“‘““l by law to be held, and at the same place. Sec. 5. And be it further enacted, That special terms of said supreme specmmms of court shall be held by one of said justices, at such time or times as the ¤¤P¤¤¤¤° °°¤*`*· said court, in generalterm, shall appoint. Nomenumerated motions in all suits and proceedings at law and in equity shall first be heard and determined at such special terms. Suits in equity, not triable by jury, shall also be heard and determined at such special terms. But the justice holding such special term may, in his discretion, order any such motion or suit to be heard, in the first instance, at a general term. Any party aggrieved by any order, judgment, or decree, made or pronounced at any such special term, may, if the same involve the merits of the action or proceeding, appeal therefrom to the general term of said supreme court, Am><{¤g¤ *0 and upon such appeal the general term shall review such order, judgment, g°°°m °""‘ or decree, and aflirm, reverse, or modify the same, as shall be just. Sec. 6. And be it further enacted, That the said court, in general term, Rules :0, ap~ shall adopt such rules as it may think proper to regulate the time and EWS Md PFM- manner of making appeals from the special term to the general term, and l°°‘ may prescribe the terms and conditions upon which such appeals may be made. Such court may also establish such other rules as it may deem necessary for regulation of the practice of the several courts organized by this act, and from time to time revise and alter such rules. It may also determine by rule what motions shall be heard at a special term, as non-enumerated motions, and what motions shall he heard at a general term in the first instance. Sec. 7. And be it further enacted, That all issues of fact triable by a Trials of issues jury or by the court shall be tried before a single justice; when the trial °ff°°‘•