Page:United States Statutes at Large Volume 25.djvu/701

656 FIFTIETH CONGRESS. Sess. II. Ch. 113. 1889. or may be hereafter established; and all provisions of law inconsistent herewith are hereby repealed. _ '1`¤¤¤¤f¢r‘¤f <>¤¤¤·>¤» Sec. 4. That said circuit courts, respectively, shall have power tc °t°` make such orders and directions as shall be (proper for the transfer from said district courts of all causes, procee ings, matters, records, files, and papers as by force of this act should belong to the said · circuit courts. _ R¤{>¤¤* ¤f $0* M- Sec. 5. That the provisions of the act entitled "An act to amend if sigieg'. mi, p. m, sections five hundred and thirty-three, five hundred and fifty-six, ive ’°P°°‘°°· hundred and seventy-one, and five hundred and seventy-two of the Revised Statutes of the United States relating to courts in Arkansas and other States," approved January thirty-first, eighteen hundred and seventy-seven, conferring upon the district courts named therein circuit court powers; and section Eve hundred and seventy-one of the Revised Statutes of the United States, as amended by said lastmentioned act, and all provisions of law inconsistent with any of the provisions of this act be, and the same are hereby, repealed. Write of error in Sec. 6. That hereafter in all cases of conviction of crime the E p“”M"°1° by punishment of which provided by law is death, tried before any court of the United States, the final judgment of such court against the respondent shall, upon the application of the respondent, be reexamined, reversed, oradirmed (y the Supreme Court of the United States upon a writ of error, un er such rules and regulations as said COll11‘t may prescribe. Every such writ of error sha1 be allowed as of right an without the requirement of any security for the prosecution of the same or for costs. Upon the a lowance of every such writ of error, it shall be the duty of the clerk of the court to which the writ of error shall be directed to forthwith transmit to ugg{°"Y*“8 "'“" the Clerk of the Supreme Court of the United States a certified ‘ transcript of the record in such case, and it shall be the duty of the Clerk of the Supreme Court of the United States to receive, file, and docket the same. Every such writ of error shall during its Procoedipgswstny. pgndency operate as a stay of proceedings upon the judgment in remnugm-ar spect of which it is sued out. Any such writ of error may be filed . and docketed in said Supreme Court at any time in a term held prior to the term named in the citation as well as at the term so named; and all such writs of error shall be advanced to a speedy hearing on motion of either part . When any such judgment shall be either reversed or affirmed the cause shall be remanded to the court from whence it came for further proceedings in accordance with the decision of the Supreme Court, and the court to which such cause is so remanded shall ave power to cause such judgment of the Supreme Court to be carried into execution. No such writ of error shall be rmuou. sued out or granted unless a petition therefor shall be filed with the clerk of the court in which the trial shall have been had during the same term or within such time, not exceeding sixt days next after the expiration of the term of the court at which the trial shall have been had, as the court may for cause allow by order entered of record. _ ' ' E¤¤¢¤· Sec. 7. That this act shall take effect and be in force from and after the first day of May, anno Domini eighteen hundred and eighty- nine. Received by the President January 25, 1889. [Norm nv THE DEPARTMENT or STATE.—Tl1G foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress 111 which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]