Page:United States Statutes at Large Volume 36 Part 1.djvu/1181

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SIXTY=FIRST CONGRESS. Sues. HI. Ch. 231. 1911. 1157 S modify, or aiiirm the judgment or decree of such State court, and may, at their discretion, award execution or remand the same to the cogrt froén winch it wasdremoveql by the k f ‘ dm A pm. d mu mc.2 8. pealsan writso errorma ta en romthe trict *’ *‘“ courts, includiiig the United States court for Hawaii, direct43ig,:{•¥f?¤rwi=imr$°t_!;°I;¤ to the Supreme Court in the following cases: In any case in which zo, p. &?vgi.7’ss,°i>Z the jurisdiction of the court is in issue, in which case the question of “’· jurisdiction alone shall be certined to the Supreme Court from the court below for decision; from the final sentences and decrees in prize causes; in any case that involves the construction or ap lication of the Constitution of the United States; in any case in which the constitutionalitéy of any law of the United States, or the validity or construction o any treaty made under its authority is drawn in question; and in any case m which the constitution or law of a State iss claimed to be in contravention of the Constitution of the United tates. Sec. 239. In any case within its ap ellate jurisdiction, as deiined ;,,,,°$,°§u‘§,{Z,“}l2§,°§§Y in section one hundred and twenty-eight, the circuit court of a peals °“}}0§°gg* °‘8ggP°¤I*· at any time may certify to the Supreme Court of the United States And, piiisa ` any questions or propositions of law concerning which it desires the instruction of that court for its proper decision; and thereupon the Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon the circuit court of aplp•ea.ls in such case, or it may require that the whole record and cause sent up to it for its consideration, and thereupon hall 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. _ Sec. 240. In any case, civil or criminal, in which the judgment or "°°'° decree of the circuit court of appeals is made iinal by the provisions of V°‘· ”· P-W- this 'l‘1tle, it shall be competent for the Supreme Court to require, by certiorari or otherwise, u on the petition of any party thereto, any such case to be certified) to the Supreme Court for its review ‘ and determination, with the same power and authoritg in the case as if it had been carried by appeal or writ of error to the upreme Court. Sec. 241. In any case in which the 'udgment or decree of the cir- apvjierdlz irhhmcirihi cuit court of appeals is not made final liy the provisions of this Title, °°,*};§ °,{6•]l;Pg;'&=- there shall be of right an appeal or writ of error to the Supreme ’ ' Court of the Unite States where the matter in controversy shall exceed one thousand dollars, besides costs. A Sec. 242. An appeal to the Supreme Court shall be allowed on or(liKi§}§"°"‘ °°"'° behalf of the United States, from all judgments of the Court of ¤·S·· ¤°°· mv-m- Claims adverse to the United States, and on behalf of the plaintiff in any case where the amount in controversy exceeds three thousand dollars, or where his claim is forfeited to the United States hiv the A judgment of said court as provided in section one hundre and ""' " ml seventy-two. Sec. 243. All appeals from the Court of Claims shall be taken 0,’,`fmP*;¤§;*;’mg{,',gQl;{ within ninety days after the judgment is rendered, and shall be <>fRCl§ims. allowed under such regulations as the Supreme Court may direct. ° " °°°‘ 7°8""m“ Sec. 244. Writs of error and appeals from the final judgments and BPYQQQ °}¤f!;’1'°',,g;£ decrees of the supreme court of, and the United States district court Riga? coms. for, Porto Rico, may be taken and prosecuted to the Supreme Court ° m' P' B5' of the United States, in any case w erein is involved the validity of any copyright, or in which is drawn in question the validitg of a treaty or statute of, or authority exercised under, the United tates, or wherein the Constitution of the United States, or a treaty thereof, or an Act of Congress is brought in question and the right claimed thereunder is denied, without regard to the sum or value of the matter in dispute; and in all other cases in which the surn or value of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds the sum or 8S74U°-vox, 36, PT 1-—1`l———75