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the court in the absence of the chief justice or ass ciate justice of the Supreme Court shall preside in the order of the seniority of their respective commissions. (26 U. S. Stats. 827, sec. 3, cl. 1.)

§ 171. When may hold the court.In case the full court at any time shall not be made up by the attendance of the chief justice or an associate justice of the Supreme Court and circuit judges, one or more district judges within the circuit shall be competent to sit in the court according to such order or provision among the district judges as either by general or particular assignment shall be designated by the court; provided, that no justice or judge before whom a cause or question may have been tried or heard in a district court, or existing circuit court, shall sit on the trisi or hearing of such cause or question in the circuit court of appeals. (26 U. S. Stats. 827, sec. 3, cl. 2,

2172. Terms—Regular—Additional– First term.--A term shall be held annually by the circuit court of the first circuit, in the city of Boston; in the second circuit, in the city of New York; in the third circuit, in the city of Philadel phia; in the fourth circuit, in the city of Rich mond; in the fifth circuit, in the city of New Or leans; in the sixth circuit, in the city of Cinci nati; in the seventh circuit, in the city of Chicag in the eighth circuit in the city of Saint Louis; the ninth circuit, in the city of San Francisc and in such other places in each of the abov circuits as said court may from time to tim designate. The first term of said courts shall

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held on the second Monday in January, eighteen undred and ninety-one, and thereafter at such imes as may be fixed by said courts. (26 U. S. tats. 827, sec. 3, cl. 2.)

$173.* Change of date.-The first meetgs of the several circuit courts of appeals menoned in the act of Congress passed at this prest session, entitled "An act to establish circuit urts of appeals, and to define and regulate in cern cases the jurisdiction of the courts of the ited States, and for other purposes," shall be d on the third Tuesday in June, A. D. eighteen dred and ninety-one; and if, from any casty, the first meeting of any such court shall to be so held on that day, the first ting of any such court, so failing to held, shall be held on such day subsequent eto as the chief justice or any justice of the eme Court of the United States assigned to

circuit, shall direct: And be it further ved, that nothing in said act shall be held or rued in anywise to impair the jurisdiction of Supreme Court or any circuit court of the ed States in any case now pending before it, respect of any case wherein the writ of error appeal shall have been sued out or taken to said courts before the first day of July, Domini eighteen hundred and ninety-one.

resolution passed March 3, 1891; 26 U. S. Stats. 1115.

Appeals to and from circuit S.-No appeal, whether by writ of error or ise, shall hereafter be taken or allowed from trict court to the existing circuit courts, and

no appellate jurisdiction shall hereafter be exercised or allowed by said existing circuit courts, but all appeals by writ of error or otherwise from said district courts shall only be subject to review in the Supreme Court of the United States or in the circuit court of appeals hereby established, as is hereinafter provided, and the review, by appeal, by writ of error, or otherwise, from the existing circuit courts shall be had only in the Supreme Court of the United States or in the circuit courts of ap‐ peals hereby established according to the provisions of this act regulating the same. (26 U. S. Stats 827, sec. 4.)

A writ of error returnable to the circuit court of appeals may be issued from the clerk's office of the circuit court in which the action was tried. (Northern Pac. R. Co. v. Amato, Cir. Ct. App. 49 Fed. Rep. 881.)

§ 175. Appeals from circuit or district to Supreme Court.-That appeals or writs of error may be taken from the district courts or from the existing circuit courts direct to the Supreme Court in the following cases: In any case in which the jurisdiction of the court is in issue; in such cases the question of jurisdiction alone shall be certified to the Supreme Court from the court below for decision. From the final sentences

In cases of conviction

In any

and decrees in prize causes. of a capital or otherwise infamous crime. case that involves the construction or application of the Constitution of the United States.

In any

case in which the constitutionality of any law the United States, or the validity or construction of any treaty made under its authority, is draw: in question. In any case in which the constitution

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r law of a State is claimed to be in contravention f the Constitution of the United States. (Sec. 5.) § 176 Appeals from State Courts.othing in this act shall affect the jurisdiction of e Supreme Court in cases appealed from the ghest court of a State, nor the construction of the atute providing for review of such cases. (Sec. 5.) $177. Jurisdiction, what.-The circuit arts of appeals established by this act shall exere appellate jurisdiction to review, by appeal or writ of error, final decisions in the district court, the existing circuit courts in all cases other than se provided for in the preceding section of this unless otherwise provided by law, and the ments or decrees of the circuit courts of appeals 1 be final in all cases in which the jurisdiction pendent entirely upon the opposite parties to suit or controversy being aliens and citizens of United States or citizens of different States; in all cases arising under the patent laws, unhe revenue laws, and under the criminal laws, n admiralty cases, excepting that in every subject within its appellate jurisdiction the t court of appeals at any time may certify to upreme Court of the United States any quesor propositions of law concerning which it dehe instruction of that court for its proper decisAnd thereupon the Supreme Court may either Es instruction on the questions and proposicertified to it, which shall be binding upon cuit court of appeals in such case, or it may e that the whole record and cause may be o to it for its consideration, and thereupon

shall decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal. (26 U. S. Stats. 828, sec. 6, cl. 1.)

The circuit court of appeals has jurisdiction to review causes pending in the circuit courts at the time of its creation, although such causes, being for less than $5,000, were not previously reviewable in any court. (Northern Pac. R. Co. v. Amato, Cir. Ct. App., 49 Fed. Rep. 881.) The words "unless otherwise provided by law," employed in section 6 of the statute, were intended to guard against implied repeals, and are not to be construed as referring to prior laws only. (Law Ow Bew v. U. S. 144 U. S., 47.

Certificate for instructions.-Section 6 of the Act of Congress of March 3, 1891, establishing the circuit court of appeals, making its decisions final in certain cases, but providing that the Supreme Court may require any such case to be certified to it for instructions, does not require the appellate court to certify any question for review by the Supreme Court, which identical question had been already decided by the Supreme Court. (Law Ow Bew v. United States, 47 Fed. Rep. 641.

§ 178. Certiorari to Supreme Court.— And excepting also that in any such case as is herein before made final in the circuit court of appeals, it shall be competent for the Supreme Court to require by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court. (26 U. S. Stats. 828, sec. 6, cl. 2.)

Supreme Court may require case certified up for review. -Under section 6 of the Act of Congress of March 3, 1891, establishing the circuit courts of appeals, and making their decisions final in certain cases, but providing that the Supreme Court may require any such case to be certified to it for review, as if taken there on appeal

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