lars a year, to be paid in equal proportions quarterly. Costs, etc.The costs and fees in the Supreme Court now provided for by law shall be costs and fees in the circuit courts of appeals; and the same shall be expended, accounted for, and paid for, and paid over to the Treasury Department of the United States in the same manner as is provided in respect of the costs and fees in the Supreme Court.
Rules, etc.The court shall have power to establish all rules and regulations for the conduct of the business of the court within its jurisdiction as conferred by law.
Constitution of court.Sec. 3. Tha the Chief-Justice and the associate justices of the Supreme Court assigned to each circuit, and the circuit judges within each circuit, and the several district judges within each circuit, shall be competent to sit as judges of the circuit court of appeals within their respective circuits in the manner hereinafter provided. Precedence.In case the Chief-Justice or an associate justice of the Supreme Court should attend at any session of the circuit court of appeals he shall preside, and the circuit judges in attendance upon the court in the absence of the Chief-Justice or associate justice of the Supreme Court shall preside in the order of the seniority of their respective commissions.
Service of district judges.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,Proviso.
No judge to sit on appeal from his court. 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 trial or hearing of such cause or question in the circuit court
of appeals. Terms.A term shall be held annually by the circuit court of
appeals in the several judicial circuits at the following places: Regular.In
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 Philadelphia;
in the fourth circuit, in the city of Richmond; in the fifth circuit,
in the city of New Orleans; in the sixth circuit, in the city of Cincinnati;
in the seventh circuit, in the city of Chicago; in the eighth
circuit, in the city of Saint Louis; in the ninth circuit, in the city
of San Francisco; Additional.and in such other places in each of the above circuits
as said court may from time to time designate. First term.
Post, p. 1115The first
terms of said courts shah be held on the second Monday in January,
eighteen hundred and ninety-one, and thereafter at such times as
may be fixed by said courts.
No appeal allowed from district to circuit courts.Sec. 4. That no appeal, whether by writ of error or otherwise, shall hereafter be taken or allowed from any district 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 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, Appeals, etc., from circuit court.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 appeals hereby established according to the provisions of this act regulating the same.
Appeals allowed direct to Supreme Court.Sec. 5. 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:
Jurisdiction questions.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.
Prizes.From the final sentences and decrees in prize causes.
Capital crimes.In cases of conviction of a capital or otherwise infamous crime.
