United States Statutes at Large/Volume 2/7th Congress/2nd Session/Chapter 40
Act of 1802, ch. 31. Act of March 9, 1808, ch. 29.
The circuit court shall consist of the justice of the supreme court residing in the circuit, and the district judge where the court sits.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the circuit court of the second circuit shall consist of the justice of the supreme court residing within the third circuit, and the district judge of the district where such court shall be holden.
In the third circuit, the said circuit court shall consist of the senior associate justice of the supreme court residing within the fifth circuit, and the district judge of the district where such court shall be holden.
In the third circuit it shall consist of the senior associate justice, &c.
Appeals from final judgments when the value in dispute exceeds fifty dollars from the district court to the circuit court.
Appeals from the circuit court to the supreme court where the matter in dispute exceeds 2000 dollars.
Proceedings to be transmitted to the supreme court.
No new evidence to be received in the supreme court, except in admiralty and prize causes.
19th and 22d sections of the act of 24th Sept. 1789, ch. 20, so far as affected by this act, repealed.Sec. 2. And be it further enacted, That from all final judgments or decrees in any of the district courts of the United States, an appeal, where the matter in dispute, exclusive of costs, shall exceed the sum or value of fifty dollars, shall be allowed to the circuit court next to be holden in the district where such final judgment or judgments, decree or decrees, may be rendered; and the circuit court or courts are hereby authorized and required to receive, hear and determine such appeal; and that from all final judgments or decrees rendered or to be rendered in any circuit court, or in any district court acting as a circuit court, in any cases of equity, of admiralty and maritime jurisdiction, and of prize or no prize, an appeal where the matter in dispute, exclusive of costs, shall exceed the sum or value of two thousand dollars, shall be allowed to the supreme court of the United States, and that upon such appeal, a transcript of the libel, bill, answer, depositions, and all other proceedings of what kind soever in the cause, shall be transmitted to the said supreme court; and that no new evidence shall be received in the said court, on the hearing of such appeal, except in admiralty and prize causes, and that such appeals shall be subject to the same rules, regulations and restrictions as are prescribed in law in case of writs of error; and that the said supreme court shall be, and hereby is authorized and required to receive, hear and determine such appeals. And that so much of the nineteenth and twenty-second sections of the act of Congress, intituled “An act to establish the judicial courts of the United States,” passed on the twenty-fourth day of September, one thousand seven hundred and eighty-nine, as comes within the purview of this act, shall be and the same is hereby repealed.
Approved, March 3, 1803.