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review may extend to the determination of the sufficiency of the facts found to support the judgment. (See Q 649, page 146.
SEC. 701. The Supreme Court may affirm, modify, or reverse any Judgment or 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 sball send a special mandate to the inferior court to award execution thereupon.
Sec. 702. The final judgments and decrees of the supreme court of any Writs of error 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
the territorial courts. oath of either party, or of other competent witnesses, exceeds one thousand dollars, may be reviewed and reversed or aftirmed 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 Ø Ø 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 appeal, such writ of error or appeal may be taken, within the time and ment or decree in
State after judg. 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 sball direct the mandate to such court as the nature of the writ of error or appeal requires.
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-ge
decrees of dis.
trict courts in mission of such Territory as a State, under sections five hundred and cases transferred 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 bad been rendered in said superior court of such Territory. And the mandates and all writs pecessary 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.
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 su. of costs, exceeds the value of one thousand dollars, may be re-examined preme court of
"District of Co. 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.
SEC. 706. The writ of error or appeal provided by the preceding sec- Cases where tion 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 assignInent 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.
Sec. 708. All appeals from the Court of Claims sball be taken within Time and manpipety 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.
Judgments and Sec. 709. A final judgment or decree in any suit in the highest court decrees of State of
to of a State, in which a decision in the suit could be had, where is drawn courts on writ of
in question the validity of a treaty or statute of, or an authority exererror.
cised 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 repugnart 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.]*
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 remaud the same to the court from which it was re
moved by the writ. Precedence of Sec. 710. Cases on writ of error, to revise the judgment of a State writs of error to
or to court in any criminal case, sball bave precedence, on the docket of the State courts in criminal cases. ** 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.
An act concerning the practice in territorial courts, and appeals therefrom.
April 7, 1874. SEC. 2. That the appellate jurisdiction of the Supreme Court of the
is United States over the judgments and decrees of said territorial courts diction ofSa-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 how exercised. Proceedings on 1
on may hereafter prescribe: Provided, That on appeal, instead of the eviappeal.
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 appellate proceedings in said Supreme Court, heretofore taken upon any such
judgment or decree, shall be invalidated by reason of being instituted Proviso. 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
Approved, April 7, 1874.
States, and for other purposes.
States of America in Congress assembled, That the circuit courts of the Separate find. United ing of facts and
di 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, impapel a jury of not less than five and not by consent. more thau 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.
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 prem
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 twelve persons, subject to such general rules in the premises as may,
equity by circuit 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 proceeded 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 sball exceed the sum or value of two thousand in dispute, necesdollars, exclusive of costs, in order that the judgments and decrees of sary tor 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.
tike etfect. Approved, February 16, 1875.
PROVISIONS COMMON TO MORE THAN ONE COURT OR JUDGE.
salary for life. 716. Power to issue writs. 717. Writs of ne exeat. 718. Temporary restraining orders. 719. Injunctions. 720. Injunction to stay proceedings in State
courts. 721. Laws of the States, rules of decision. 722. Proceedings, civil and criminal, in vindica
tion of civil rights. 723. When suits in equity may be maintained. 724. Power to order production of books and writ
ings in actions at law. 725. Power to impose oaths and punish contempts. 726. New trials. 727. Power to hold to security for the peace and
good behavior. 728. Power to enforce awards of foreign consuls,
&c., in certain cases. 729. Offenses punishable with death, where tried. 730. Offenses on the high seas, &c., where triable. 731. Offenses begun in one district and completed
in another. 732. Suits for pecuniary penalties and forfeitures,
where to be brought.
cognizable. 736. Proceedings to enjoin Comptroller of the Cur.
rency. 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 iuhabitants of United States to
be brought where they reside or are found. 740. Suits not of a local nature in States contain
ing several districts. 741. Suits of a local nature in States containing
several districts. 742. When land lies in different districts of same
746, Causes in progress of trial not discontinued
by arrival of new term. 747. Parties may manage their causes personally
or by counsel. 748. Certain officers forbidden to practice as at.
torneys, &c. 749. Penalty for violating preceding section. 750. Final record, how made in equity and admi.
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 jaof the courts of the several States:
risdiction of First. Of all crimes and offenses cognizable under the authority of the conrts of 1
e courts of United United States.
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 competeut to give it.
Fourth. Of all seizures under the laws of the United States, on land or on waters not within adıniralty and maritime jurisdiction.
Fifth. Of all cases arising under the patent-right or copyright laws of Patent and the United States.
copyright cases. Sixth. Of all matters and proceedings in bankruptcy.
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.* Judges prohib- SEC. 713. It shall not be lawful for any judge appointed under the ited from prac. authority of the United States to exercise the profession or employment ticing law.
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 bigh misdemeanor. Judges resign- SEC. 714. When any judge of any court of the United States resigns ing entitled, in, certain cases, to
to his office, after having held his commission as such at least ten years, salary for life, and having attained the age of seventy years, he shall, during the resi
due of his natural life, receive the same salary which was by law pay
able to him at the time of his resignation. Power to issue SEC, 716. The Supreme Court and the circuit and district courts shall writs.
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 eat.
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. Temporary re- 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. Injunctions. 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. Injunction to 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 in State courts.
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 prodecision.
vide, shall be regarded as rules of decision in trials at common law, in
the courts of the United States, in cases where they apply. 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 vindication of civil
divii“ 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 deticient 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 the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.
* Paragraph eighth, as follows: "Eighth. Of all suits or proceedings against embas. sadors, or other public ministers, or their domestics, or domestic servants, or against consuls or vice-consuls," struck out by act of February 18, 1875.
SEC. 723. Suits in equity shall not be sustained in either of the courts When suits of of the United States in any case where a plain, adequate, and complete equity. may be remedy may be had at law.
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
Co books and wribooks or writings in their possession or power, which coutain evidence tings in actions at pertinent to the issue, in cases and under circumstances where they law. might be compelleu 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 motior, give judgment against him by default.
SEC. 725. The said courts shall have power to impose and administer Power to imall necessary oaths, and to punishi, by fine or imprisonment, at the dis- pose oaths and cretion of the court, contempts of their authority: Provided, That such punish conpower to punish contempts shall not be construed to extend to any temp
by tempts. 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 reasous for which new trials have usually been granted in the courts of law.
SEC. 727. The judges of the Supreme Court and of the circuit and dis- Power to hold trict 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 pe
may be authorized peace and good .by law to make arrests for offenses against the United States, shall
u behavior. 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.
SEC. 728. The district and circuit courts, and the commissioners of the Power to encircuit 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
1. &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 issne 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 a ward, 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 consul, vice-consnl, 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 pun. the county where the offense was committed, where that can be done ish a ble with without great inconvenience.
death, where 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 of
in one district judicial district and completed in another, it shall be deemed to have a
and completed in been committed in either, and may be dealt with, inquired of, tried, another.