Page:United States Statutes at Large Volume 31.djvu/1252

1200 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. sessed and exercised by the judges of the circuit and district courts of the United States. s T°"”“· Sec. 63. TERMS. ——The said court shall hold a eneral term and special `g"“‘”“l· terms. The general term shall be held by at Teast three justices and _ each special term by a single justice. ‘$p"°’*“· Sec. 64. The special terms of said court shall be known, respectively, · as the circuit court, the equity court, the criminal court, the probate _ court, and the district court of the United States. g,,{Q‘g}‘Q,$'§,‘,,‘;f,f°“" ’“ Sec. 6,5. The general term of said court shall be open at all times for the transaction of business; and said court, by orders passed in general term, may re ulatc the- periods of holding the special terms, fix the number of saig terms, and alter the same from time to time, as public convenience may require; may direct as many terms of any of the special terms to be held at the same time as the public business may make necessary; may assign they several justices, from time to time, to the respective special terms; may provide by rule of court for the transfer from time to time, as the occasion shall require, of a jury summoned to any one special term to any other special term having cognizance of jury trials, and for the filling of vacancies arising in such transferred jury; may establish rules of practice in said special terms not inconsistent with the laws of the United States; may appoint i a clerk, an auditor, a crier, and a messenger for each court in special term, and all other officers of the court necessary for the due administration of justice, with the exception of all officers and employees in any manner connected with the probate term, and also United States commissioners; may hear charges of misconduct against any justice of the peace, and remove them from office for cause shown; may admit persons to the bar of said court and dismiss them from the same, and may pass all other orders not inconsistent with existing laws which may be necessary to the effective administration of justice in said court, but said court shall not hear any cause in general term. is degylggfsgggaggefg Sec. 66. All causes in said court shall be heard and determined in meme mm. special term. And the several terms are declared to be terms of the supreme court, and the judgments, decrees, sentences, orders, proceedings, and acts of said several terms shall be deemed judgments, decrees, sentences, orders, proceedings, and acts of the supreme court. ,,‘é;§“f‘,$,*;*‘?";;>,§,f;;“§g Sec. 67. By mutual consent and arrangement between justices, civil anocherfcrmai. causes may be certified by any justice holding a circuit court to any justice holding a criminal court for trial in the latter; and, by similar arrangement, any cause may be certified by any justice to another justice, to be heard or tried by the latter, except that a criminal case can only be certified for trial from one criminal court to another criminal court. In the absence of any justice assigned to a special term, such special term may be presided over and its business conducted by any other justice. “"“*’· Sec. 68. WRITS.——Th€ said supreme court may, in its appropriate special terms, issue writs of quo warranto, mandamus, prohibition, scire facias, certiorari, injunction, prohibitory and mandatory, ne exeat, and all other writs known in common law and equity practice that may be necessary to the effective exercise of its jurisdiction. Any justice of said court may issue writs of habeas corpus, ·to inquire into the cause of detention or to discharge on giving bail. CMM ¢·>¤¤- Sec. 69. CIRCUIT GoUR*r.—All common-law civil causes shall be tried . and determined in the circuit court, except as herein provided. T¤a1bY¢·>¤¤- Sec. 70. TRIAL BY COURT.·—·ISSl1€S of fact in civil causes may be tried and determined by the court without the intervention of a jury whenever the parties or their attorneys of record tile with the clerk a stipulation in writing waiving a jury. The finding of the court upon the facts, which maybe either general or special, shall have the Same effect as the verdict of a jury.