Page:United States Statutes at Large Volume 18 Part 2a.djvu/97

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92 DISTRICT OF COLUMBIA. Rules. Sec. 770. The supreme court, in general term, shall adopt such rules

 as it may think proper to regulate the time and manner of making

) 1I ss 91,s. 6,v. 12, p. 763. appeals f1 om the special term to the general term, and may prescribe the terms and conditions upon which such appeals may be made, and may also establish such other rules as it may deem necessary for regulating the practice of the court, 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 be heard at a general term in the first instance.

l¤}¤¢i¢¤¤ me! Ml- Sec. 771. All official oaths required by law to be taken by officers

m';l:ff'S::l*l;l;“0,;,? of the United States, may, in the District, be administered and cer. ,,6,,, titled by any one of the justices of the supremc court of the District. 26 June, 1848,c. 82, v. 9, p. 242. JUB1BDICTION—APPELLATE. Appeals from Sec. 772. Any party aggrieved by any order, judgment, or decree, ¤p¤¤i¤·l w s<=¤¤¤¤1 made or pronounced at any special term, may, if the same involve the 2;... merits of the action or proceeding, appeal therefrom to the general term 3 March. 1863, c. of the supreme court, and upon such appeal the general term shall 91h*{&:&&€_;Zc6£- review such orderbjudgment, or decree, and alllrm, rcvorscyor modify 2 C,,,,,,,,,,, C_C_,,,j the same, as shall e just. Denesle’s Executrix vs. Young, 2 Crunch, C. C., 200. _Appe¤l¤ frcrnpo- Sec. 773. Appeals from the police court shall be tried on the infor-

 mation hled in the court below, certified to supreme court, by a jury in

my s•;“l,Y•8“’;°·1g· attendance thereat, as though the case had originated therein, and the ,,,,_'154;155_’ ‘ ’ judgment in the supreme court shall be final in the case. _Appe•l¤ llmmjn¤— Sec. 774. In cases of appeal from a justice of the peace, as soon as "°°’ °f *l*° P°¤°°- the appellant shall have made the deposit for costs required by law, or 22 Feb., 18m, e. obtained leave from one of the justices, or from the court, to prosecute 64.5-2m 14. 403- his appeal without a deposit, the clerk shall docket the cause, and shall W:;'{:°';,"'ér·=:}I‘ issueioa summons for the appellee to appear at the next trial term of the C. (1.,,39; Howard cmu. vs. United States, 2 Crunch, C. C., 259; Shcrburno us. Semmes, 2 Crunch, C. C., 440; Davidson w.Burr,2 Crunch, C. C., 515; Maddox co. Stuart,2 Crunch, C. 0.,523; Coumbc va. Nairn, 2 Crunch, C. C., 076; Cross va. Blanford, 2 Crunch, C. C., 677; Delany vs. Corporation, 2 Crunch, C. 0.,459; lIcGunnigle 1::. Corporation, 2 Crunch, 0.0.,460; Butt uc. Stlngler, 4 Crunch, C. C., 252; Wartl no. Corporation, 4 Crunch, C. C..2l2; Chase •>a.Smitb, 4 runcb,C.C.,90; Owner vs. Corporation, 5 Crn.ncl1,C.C.,3B1; Jeifers cs. Forrest, 5 Crunch, C. C., 674. , S“¤*m°·*V l¤¤¤‘· Sec. 775. The supreme court hall in a summary way heartho allega-

 tions and proofs of both parties, and determine upon the same accord-

1 March, ism, 0, ing to law and the equity and right of the matter, at the same term, 24.8-7.*- ilp.744- without further continuance or delay, unless it shall appear to the Cx::;: 'gi court that further time ought to be given to the party applying for the l01I, IBIIC , . s, M ‘;?;“°· 'rris.1 by jury at Sec. 776. Either of the parties may demand a trial by jury, or leave ¤l¢;)f:>¤ of p•¤l¤¤· the cause to be determined by the court, at their election l . Wb¤¤ ¤PP¤ll¤¤ E0. 777. In any case of appeal from the decision of a justice of the f‘“l“ "° “P*‘°°"· peace, where two summonses against the appellee shall be returned non lam. est, or one attachment returned non est, and the appellee shall not appear, the court may proceed to hear and determine the case, in the same manner as if the appellee had regularly appeared. When appellant Sm:. 778. If the appellant fails to prosecute his appeal, the appellw f""“ “’ P'°“°°“*°· may, upon making the deposit for costs, have the cause dockcted, and 22 Feb., 1867, c. move for ailirmanco of the justicc’s judgment, or he may have a trial 64.8- 3. V- 14.p-403- of the cause upon its merits. When spar ¤ nl Sec. 779. No appeal from the judgment of any justice of the peace to Q;';;;d“°* ‘"" the supreme court shall be dismissed because the same had not been ' prayed to the term next after the l·endition of such judgment, unless