Page:United States Statutes at Large Volume 5.djvu/343

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TWENTY-FIFTH CONGRESS. Sess. II. Ch.192. 1838. 307 which court shall be styled the criminal court of the District of C0- lumbia. Sec. 2. And be it further enacted, That the said court shall hold four 5-0,,, tem, in terms in each year, on the first Mondays of December, March, June, the city of and September, in the city of Washington, for the county of Washing- W”b"‘€‘°“· ton, and two terms in each year, on the first Mondays of April and November, in the town of Alexandria, for Alexandria county; and that 'l`W¤ terms in the judge of said court shall have power to hold special terms of said xfézggizr court in each county whenever it shall seem to him necessary to order paws; ufimid the same, of which order ten days’ previous public notice shall be ¤P¤¢=i¤l mmB- wen. g Sec. 3. And be it jnrther enacted, That the district attorney, and District attormarshal of the said District, and the clerks of the circuit court in the ¤¢Y» ¤¤¤1‘¤h¤l» said District, for the counties of Washington and Alexandria, respec- glzljfgurt tively, shall attend the said criminal court in said counties, and perform to attend and all the duties now by law required of them, respectively, in relation to P°*l°"¤ *h°l* the criminal business of the circuit court in the said counties, and shall, d°"°S‘ respectively, receive the same fees and compensation therefor. And Compensation the jurors and witnesses attending said court in the said counties shall °(J“”°" °“d be entitled to the same compensation they now receive for their attend- Wm8ms' ance in the said circuit court in the said counties respectively. Sec. 4. rind be it fnrther enacted, That all recognizances, present- Ajlmm mw ments, indictments, pleas, and criminal prosecutions, and proceedings pendingto be whatsoever, and all suits and proceedings for fines and forfeitures and “°¤°[°"°d· on forfeited recognizances, now pending in the said circuit court for the said counties of Washington and Alexandria, respectively, shall be transferred to the said criminal court in the said counties, respectively, and be there proceeded on as they would have been in the said circuit court for said counties, respectively, if this act had not been passed; and all process hereafter issued, or now issued from the said circuit court, for the said counties, respectively, shall be returnable and returned to the said criminal court at the next succeeding term and terms thereof, in the said counties, respectively, and the said criminal court shall have all the jurisdiction in the said counties, respectively, now Jurisdiction, held by the said circuit court in the said counties, respectively, for the trial and punishment of all crimes and offences, and the recovery of all fines,` forfeitures, and recognizances. Sec. 5. And be it further enacted, That the circuit court of the Dis- Writ of error trict of Columbia, or any judge thereof, during the vacation of the court, npr if ¤*':{d· shall have power to award a writ of error, in any criminal case what- fc tp: :;.';‘,i,° ever, wherein final judgment shall have been pronounced by the criminal court. court for either county in the said District, returnable to the circuit court of that county in which said judgment may be rendered, convicting any person of any crime or misdemeanor, and to reverse said juggment, or remand the case, and order a new trial, or such other proce - ing therein, as the nature of the case may require. Sec. 6. And be it further enacted, That to enable the person so con- _When smeavicted by the judgment of the said criminal court, to apply for a writ of **3; ’g;gdl’° error, in all cases when the judgment shall be death, or confinement m P P ‘ the penitentiary, the said criminal court shall, on application of the party accused, postpone the final execution thereof, to a reasonable time beyond the next term of said circuit court, not exceeding in any case thirty days after the end of such term of the circuit court. _ i Sec. 7. And be it further enacted, That the said criminal court, in Wheuquesuon any case, may with the consent of the person accused, adjourn any queS· ‘;gj:\':n:‘_;‘Y6?:_ tion of law to the circuit court of that county, in the District aforesaid, ' in which the ease is depending, which may be there argued and decided, though such accused person be not present. _ Sec. S. And be it further enacted, That there shall be hereafter paid