Page:United States Statutes at Large Volume 20.djvu/379

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354 FORTY-FIFTH CONGRESS. Sess. IH. Ch. 174, 175, 176. 1879. quired in good faith by creditors of or purchasers from the grantors in such deeds or instruments. Approved, March 3, 1879. March 3, 1879. CHAP. 175.-An act for the relief of Philip W. Stanhope. Be it enacted by the Senate and House of Representatives of the United P. W. Stanhope. States of America t n Congress assembled, That Philip YV. Stanhope, late Rostorod to captain of the Twelfth United States Infantry and brevet lieutenant- ' A-'m5'· colonel of the United States Army, having been placed upon the list of supernumeraries, from which he was mustered, under the mistake of groundless charges as the supeiinducing cause thereof, the President of the United States be, and he is hereby, authorized to restore him to his proper rank and promotion in the Army, with directions to the Secretary of War, on account of his disabilities incurred in the line of duty, to place Hamed_ him on the retired list, without regard to the limit as to numbers heretoibre fixed by law: Provided, That he receive no pay or allowances for Provisos. the time he was out of service, other than that already received at the time of his muster-out: Provided further, That he receive no pension while on the retired list. Approved, March 3, 1879. MM0}1 3, 1879- CHAP. 176.-An act An act to give circuit courts appellate jurisdiction in certain w‘*·_~v····— criminal cases. Be it enacted by the Senate and House of Representatives of the United Circuit courts. States of America in Congress assembled, The circuit court for each judi- Apponate crim- cial district shall have jurisdiction of writs of error in all criminal cases im! .i*¤i¤di¤**°¤· tried before the district court where the sentence is imprisonment or tine and imprisonment, or where, if a nne only, the fine shall exceed the sum of three hundred dollars; and in such case a respondent feeling himself aggrieved by a decision of a district court, may except to the opinion of the court, and tender his bill of exceptions, which, shall be settled and allowed according to the truth, and signed by the judge, and it shall be a part of the record of the case. Writ of error. Sec. 2. Within one year next after the end of the term at which such sentence shall be pronounced, and not after, the respondent may petition for a writ of error from the judgment of the district court in thecases named in the preceding section, which petition shall be presented to the circuit judge or circuit justice in term or vacation, who, on consideration of the importance and diiiiculty of the questions presented in the record, may allow such writ of error, and may order that such writ shall operate as a stay of proceedings under the sentence; but the allow- Bond. ance of such writ shall not so operate without such order. The judge or justice allowing such writ of error shall take a bond with sufficient sure ties that the same shall be prosecuted to eifcct, and that the respondent Bail. shall abide the judgment of the circuit court thereon. And if the writ shall be allowed to operate as a stay of proceedings under the sentence,. bail may in like manner be taken for the appearance of the respondent at the term of the circuit court to which such writ of error shall be returnable, and that he will not depart without leave of court. Rotum Sec. 3. Such writ of error so allowed shall be returnable to the next regular term of the circuit court for the district, and shall be served on the district attorney of the United States for such district. The circuit court may advance all such writs of error on its docket in order that Proceedings. speedy justice may be done. And in case of an aitirmance of the judgment of the district court, the circuit court shall proceed to pronounce final sentence and to award execution thereon; but if such judgment shall be reversed, the circuit court may proceed with the trial of said cause de novo, or remand the same to the district court for further proceedings. _ Approved, March 3, 1879.