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review may extend to the determination of the sufficiency of the facts

found to support the judgment. [See § 649, page 146.]

or

SEC. 701. The Supreme Court may affirm, modify, or reverse any Judgment judgment, decree, or order of a circuit court, or district court acting as decree on review. a circuit court, or of a district court in prize causes, lawfully brought before it for review, or may direct such judgment, decree, or order to be rendered, or such further proceedings to be had by the inferior court, as the justice of the case may require. The Supreme Court shall not issue execution in a cause removed before it from such courts, but shall send a special mandate to the inferior court to award execution there

upon.

Writs of error

territorial courts.

SEC. 702. The final judgments and decrees of the supreme court of any Territory, except the Territory of Washington, in cases where the value and appeals from of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party, or of other competent witnesses, exceeds one thousand dollars, may be reviewed and reversed or affirmed in the Supreme Court, upon writ of error or appeal, in the same manner and under the same regulations as the final judgments and decrees of a circuit court. In the Territory of Washington the value of the matter in dispute must exceed two thousand dollars, exclusive of costs. And any final judgment or decree of the supreme court of said Territory in any cause* the Constitution or a statute or treaty of the United States is brought in question may be reviewed in like manner. [See §§ 1909, 1911, R. S.]

SEC. 703. In all cases where the judgment or decree of any court of a When a TerriTerritory might be reviewed by the Supreme Court on writ of error or tory becomes a State after judg appeal, such writ of error or appeal may be taken, within the time and ment or decree in in the manner provided by law, notwithstanding such Territory has, territorial court. after such judgment or decree, been admitted as a State; and the Supreme Court shall direct the mandate to such court as the nature of the

writ of error or appeal requires.

trict courts in cases transferred

SEC. 704. The judgments or decrees of any district court, in cases Judgments and transferred to it from the superior court of any Territory, upon the ad- decrees of dismission of such Territory as a State, under sections five hundred and sixty-seven and five hundred and sixty-eight, may be reviewed and re- from territorial versed or affirmed upon writs of error sued out of, or appeals taken to, courts. the Supreme Court, in the same manner as if such judgments or decrees had been rendered in said superior court of such Territory. And the mandates and all writs necessary to the exercise of the appellate jurisdiction of the Supreme Court in such cases shall be directed to such district court, which shall cause the same to be duly executed and obeyed.

District of Co

SEC. 705. The final judgment or decree of the supreme court of the Judgments and District of Columbia, in any case where the matter in dispute, exclusive decrees of suof costs, exceeds the value of one thousand dollars, may be re-examined preme court of and reversed or affirmed in the Supreme Court of the United States, upon lumbia. writ of error or appeal, in the same manner and under the same regulations as are provided in cases of writs of error on judgments, or appeals. from decrees rendered in a circuit court.

Cases where

SEC. 706. The writ of error or appeal provided by the preceding section may be allowed in any case where the value of the matter in dis- matter in dispute pute, exclusive of costs, is less than one thousand dollars, but more than exceeds $100. one hundred dollars, upon the petition in writing of either party, accompanied by a copy of the proceedings complained of, and an assignment of errors, exhibited to any justice of the Supreme Court, if said justice is of opinion that such errors involve questions of law of such extensive operation as to render a decision of them by the Supreme Court desirable. The allowance in such case shall be by the written order of said justice, directed to the clerk of the supreme court of said District, to allow the appeal or issue the writ of error.

SEC. 707. An appeal to the Supreme Court shall be allowed, on behalf Appeals from of the United States, from all judgments of the Court of Claims adverse the Court of to the United States, and on behalf of the plaintiff in any case where Claims.

the amount in controversy exceeds three thousand dollars, or where his claim is forfeited to the United States by the judgment of said court, as provided in section one thousand and eighty-nine.

Time and man

SEC. 708. All appeals from the Court of Claims shall be taken within ninety days after the judgment is rendered, and shall be allowed under ner of appeals such regulations as the Supreme Court may direct.

from the Court of

Claims.

*The word where omitted in the Roll.

courts on writ of

error.

Judgments and SEC. 709. A final judgment or decree in any suit in the highest court decrees of State of a State, in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of their validity; or where any title, right, privilege, or immunity is claimed under the Constitution, or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or immunity specially set up or claimed, by either party, under such Constitution, treaty, statute, commission, or authority, may be re-examined and reversed or affirmed in the Supreme Court upon a writ of error. The writ shall have the same effect as if the judgment or decree complained of had been rendered or passed in a court of the United States; [and the proceeding upon the reversal shall be the same, except that the Supreme Court may, at their discretion, proceed to a final decision of the case, and award execution, or remand the same to the court from which it was so removed.]*

Precedence of

State courts in criminal cases.

The Supreme Court may [re-affirm*] reverse, inodify, or affirm the judgment or decree of such State court, and may, at their discretion, award execution, or remand the same to the court from which it was removed by the writ.

SEC. 710. Cases on writ of error, to revise the judgment of a State writs of error to court in any criminal case, shall have precedence, on the docket of the Supreme Court, of all cases to which the Government of the United States is not a party, excepting only such cases as the court, in its discretion, may decide to be of public importance.

April 7, 1874.

An act concerning the practice in territorial courts, and appeals therefrom.

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SEC. 2. That the appellate jurisdiction of the Supreme Court of the United States over the judgments and decrees of said territorial courts Appellate jurisdiction of Su-in cases of trial by jury shall be exercised by writ of error, and in all preme Court of other cases by appeal according to such rules and regulations as to form United States, and modes of proceeding as the said Supreme Court have prescribed or Proceedings on may hereafter prescribe: Provided, That on appeal, instead of the evi

how exercised.

appeal.

Proviso.

Feb. 16, 1875.

dence at large, a statement of the facts of the case in the nature of a
special verdict, and also the rulings of the court on the admission or
rejection of evidence when excepted to, shall be made and certified by
the court below, and transmitted to the Supreme Court together with
the transcript of the proceedings and judgment or decree; but no appel-
late proceedings in said Supreme Court, heretofore taken upon any such
judgment or decree, shall be invalidated by reason of being instituted
by writ of error or by appeal: And provided further, That the appellate
court may make any order in any case heretofore appealed, which may
be necessary to save the rights of the parties; and that this act shall
not apply to cases now pending in the Supreme Court of the United
States where the record has already been filed.
Approved, April 7, 1874.

An act to facilitate the disposition of cases in the Supreme Court of the United
States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the circuit courts of the Separate finding of facts and United States, in deciding causes of admiralty and maritime jurisdicconclusions of tion on the instance-side of the court, shall find the facts and the conlaw, in admiralty clusions of law upon which it renders its judgments or decrees, and cases in circuit shall state the facts and conclusions of law separately. And in finding

court.

the facts as before provided, said court may, upon the consent of the parties who shall have appeared and put any matter of fact in issue, and subject to such general rules in the premises as shall be made and Jury impaneled provided from time to time, impanel a jury of not less than five and not by consent. more than twelve persons, to whom shall be submitted the issues of fact in such cause, under the direction of the court, as in cases at common Finding of jury. law. And the finding of such jury, unless set aside for lawful cause, shall be entered of record, and stand as the finding of the court, upon which judgment shall be entered according to law. The review of the

* Words in brackets struck out by act of February 18, 1875.

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judgments and decrees entered upon such findings by the Supreme Review by Su-
preme Court;
Court, upon appeal, shall be limited to a determination of the questions how limited.
of law arising upon the record, and to such rulings of the circuit court,
excepted to at the time, as may be presented by a bill of exceptions,
prepared as in actions at law.

SEC. 2. That said courts, when sitting in equity for the trial of patent Jury in patent
causes, may impanel a jury of not less than five and not more than cases heard in
equity by circuit
twelve persons, subject to such general rules in the premises as may, court.
from time to time, be made by the Supreme Court, and submit to them
such questions of fact arising in such cause as such circuit court_shall
deem expedient; and the verdict of such jury shall be treated and pro-
ceeded upon in the same manner and with the same effect as in the case
of issues sent from chancery to a court of law and returned with such
findings.

SEC. 3. That whenever, by the laws now in force, it is required that Value of matter the matter in dispute shall exceed the sum or value of two thousand in dispute, necesdollars, exclusive of costs, in order that the judgments and decrees of sary for review in Supreme Court. the circuit courts of the United States may be re-examined in the Supreme Court, such judgments and decrees hereafter rendered shall not be re-examined in the Supreme Court unless the matter in dispute shall exceed the sum or value of five thousand dollars, exclusive of costs.

SEC. 4. That this act shall take effect on the first day of May, eight- When act to een hundred and seventy-five.

Approved, February 16, 1875.

Sec.

take effect.

PROVISIONS COMMON TO MORE THAN ONE COURT OR JUDGE.

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Sec.

733. Suits for internal revenue taxes, where to be brought.

734. Seizures, where cognizable.

735. Captures of insurrectionary property, where cognizable.

736. Proceedings to enjoin Comptroller of the Currency.

737. When a part of several defendants cannot be served.

738. Suits in equity against absent defendants, to subject property in the district.

739. Suits against inhabitants of United States to be brought where they reside or are found. 740. Suits not of a local nature in States containing several districts.

741. Suits of a local nature in States containing several districts.

742. When land lies in different districts of same

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SEC. 711. The jurisdiction vested in the courts of the United States Title 13, Chap. 12. in the cases and proceedings hereinafter mentioned, shall be exclusive Exclusive ja

of the courts of the several States:

risdiction of

First. Of all crimes and offenses cognizable under the authority of the courts of United United States.

Second. Of all suits for penalties and forfeitures incurred under the laws of the United States.

Third. Of all civil causes of admiralty and maritime jurisdiction; sav-
ing to suitors, in all cases, the right of a common-law remedy, where the
common law is competent to give it.

Fourth. Of all seizures under the laws of the United States, on land
or on waters not within admiralty and maritime jurisdiction.
Fifth. Of all cases arising under the patent-right or copyright laws of
the United States.

Sixth. Of all matters and proceedings in bankruptcy.

States.

Patent and copyright cases.

States.

Judges prohibited from prac ticing law.

Judges resigning entitled, in certain cases, to salary for life.

Power to issue writs.

Writs of ne exeat.

Seventh. Of all controversies of a civil nature, where a State is a party, except between a State and its citizens, or between a State and citizens of other States, or aliens.*

SEC. 713. It shall not be lawful for any judge appointed under the authority of the United States to exercise the profession or employment of counsel or attorney, or to be engaged in the practice of the law. And any person offending against the prohibition of this section shall be deemed guilty of a high misdemeanor.

SEC. 714. When any judge of any court of the United States resigns his office, after having held his commission as such at least ten years, and having attained the age of seventy years, he shall, during the residue of his natural life, receive the same salary which was by law payable to him at the time of his resignation.

SEC. 716. The Supreme Court and the circuit and district courts shall have power to issue writs of scire facias. They shall also have power to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law.

SEC. 717. Writs of ne exeat may be granted by any justice of the Supreme Court, in cases where they might be granted by the Supreme Court; and by any circuit justice or circuit judge, in cases where they might be granted by the circuit court of which he is a judge. But no writ of ne exeat shall be granted unless a suit in equity is commenced, and satisfactory proof is made to the court or judge granting the same that the defendant designs quickly to depart from the United States. SEC. 718. Whenever notice is given of a motion for an injunction out straining orders. of a circuit or district court, the court or judge thereof may, if there appears to be danger of irreparable injury from delay, grant an order restraining the act sought to be enjoined until the decision upon the motion; and such order may be granted with or without security, in the discretion of the court or judge.

Temporary re

Injunctions.

Injunction to

in State courts.

SEC. 719. Writs of injunction may be granted by any justice of the Supreme Court in cases where they might be granted by the Supreme Court; and by any judge of a circuit court in cases where they might be granted by such court. But no justice of the Supreme Court shall hear or allow any application for an injunction or restraining order in any cause pending in the circuit to which he is allotted, elsewhere than within such circuit, or at such place outside of the same as the parties may stipulate in writing, except when it cannot be heard by the circuit judge of the circuit or the district judge of the district. And an injunction shall not be issued by a district judge, as one of the judges of a circuit court, in any case where a party has had a reasonable time to apply to the circuit court for the writ; nor shall any injunction so issued by a district judge continue longer than to the circuit court next ensuing, unless so ordered by the circuit court.

SEC. 720. The writ of injunction shall not be granted by any court of stay proceedings the United States to stay proceedings in any court of a State, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.

Laws of the

SEC. 721. The laws of the several States, except where the ConstituStates, rules of tion, treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common law, in the courts of the United States, in cases where they apply.

decision.

Proceedings,

SEC. 722. The jurisdiction in civil and criminal matters conferred on civil and crimi- the district and circuit courts by the provisions of this Title, and of Title nal, in vindica- 66 tion of civil CIVIL RIGHTS," and of Title "CRIMES," for the protection of all perrights. sons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of

*Paragraph eighth, as follows: "Eighth. Of all suits or proceedings against embassadors, or other public ministers, or their domestics, or domestic servants, or against consuls or vice-consuls," struck out by act of February 18, 1875.

the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.

When suits of

SEC. 723. Suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete equity, may be remedy may be had at law.

books and wri

maintained. SEC. 724. In the trial of actions at law, the courts of the United States Power to order may, on motion and due notice thereof, require the parties to produce production of books or writings in their possession or power, which contain evidence tings in actions at pertinent to the issue, in cases and under circumstances where they law. might be compelled to produce the same by the ordinary rules of proceeding in chancery. If a plaintiff fails to comply with such order, the court may, on motion, give the like judgment for the defendant as in cases of nonsuit; and if a defendant fails to comply with such order, the court may, on motion, give judgment against him by default.

Power to im

tempts.

con

SEC. 725. The said courts shall have power to impose and administer all necessary oaths, and to punish, by fine or imprisonment, at the dis- pose oaths and cretion of the court, contempts of their authority: Provided, That such punish power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person, to any lawful writ, process, order, rule, decree, or command of the said courts.

SEC. 726. All of the said courts shall have power to grant new trials, New trials. in cases where there has been a trial by jury, for reasons for which new

trials have usually been granted in the courts of law.

Power to hold

behavior.

SEC. 727. The judges of the Supreme Court and of the circuit and district courts, the commissioners of the circuit courts, and the judges and to security for the other magistrates of the several States who are or may be authorized peace and good by law to make arrests for offenses against the United States, shall have the like authority to hold to security of the peace, and for good behavior, in cases arising under the Constitution and laws of the United States, as may be lawfully exercised by any judge or justice of the peace of the respective States, in cases cognizable before them.

Power to en

cases.

SEC. 728. The district and circuit courts, and the commissioners of the circuit courts, shall have power to carry into effect, according to the force awards of true intent and meaning thereof, the award, or arbitration, or decree of foreign consuls, any consul, vice-consul, or commercial agent of any foreign nation, made &c., in certain or rendered by virtue of authority conferred on him as such consul, vice- 8 August, 1846. consul, or commercial agent, to sit as judge or arbitrator in such differ- c. 105, v. 9, p. 78. ences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to his charge; application for the exercise of such power being first made to such court or commissioner by petition of such consul, vice-consul, or commercial agent. And said courts and commissioners may issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto, by imprisonment in the jail or other place of confinement in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration, or decree is complied with, or the parties are otherwise discharged therefrom, by the consent in writing of such consul, vice-consul, or commercial agent, or his successor in office, or by the authority of the foreign government appointing such consul, vice-consul, or commercial agent: Provided, however, That the expenses of the said imprisonment, and maintenance of the prisoners, and the cost of the proceedings, shall be borne by such foreign government, or by its cousul, vice-consul, or commercial agent requiring such imprisonment. The marshals of the United States shall serve all such process, and do all other acts necessary and proper to carry into effect the premises, under the authority of the said courts and commissioners. SEC 729. The trial of offenses punishable with death shall be had in Offenses the county where the offense was committed, where that can be done ishable with without great inconvenience. death, where tried.

pun

SEC. 730. The trial of all offenses committed upon the high seas or else- Offenses on the where, out of the jurisdiction of any particular State or district, shall be in high seas, &c., the district where the offender is found, or into which he is first brought, where triable. SEC. 731. When any offense against the United States is begun in one Offenses begun in one district judicial district and completed in another, it shall be deemed to have and completed in been committed in either, and may be dealt with, inquired of, tried, another.

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