United States Statutes at Large/Volume 3/13th Congress/2nd Session/Chapter 8
[Obsolete.]
Chap. VIII.—An Act for the appointment of an additional judge for the Missouri territory, and for other purposes.
Additional judge for the Missouri territory to be appointed to reside at or near Arkansaw.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be appointed an additional judge for the Missouri territory, who shall hold his office for the term of four years, unless sooner removed, shall reside at or near the village of Arkansaw, and who shall possess and exercise within the limits of the late district of Arkansaw, as fixed and established while the same was a part of the territory of Louisiana, or as the limits shall be established by the general assembly of the Missouri territory, the jurisdiction now possessed and exercised in said district, by the court of common pleas, as well as that possessed and exercised by the superior court within the said district, and to the exclusion of the original jurisdiction of the said court of common pleas and superior court within the same: Provided always,Writs of error to the court established by this act. That the said superior court, or any judge thereof in pursuance of the laws now in force in said territory, or of any laws hereafter to be made for the purpose, shall have full power and authority to issue writs of error to the court established by this act; and said court shall have cognizance thereof, and also of all appeals for error in law in all causes in which appeals are by law allowed from the courts of common pleas to said superior court.
By what rules judgments of the court established by this act, may be reversed by the superior court.Sec. 2. And be it further enacted, That the said superior court is hereby authorized, upon the reversal of a judgment of the courts established by this act, to render such judgment as the said court ought to have rendered, except where the reversal is in favour of the plaintiff in the original suit, and the debt or damages to be assessed are uncertain, in which case the cause shall be remanded for a final determination.
No writ of error to operate as a supersedeas, but upon certain conditions.Sec. 3. And be it further enacted, That no writ of error shall operate as a supersedeas, unless the plaintiff in error shall give security, to be approved of by a judge of the superior court, to prosecute his writ to effect and pay the condemnation money and all costs, or otherwise abide the judgment which may be rendered on such writ of error.
Judge to be appointed under this act, to appoint a clerk, &c. &c.Sec. 4. And be it further enacted, That the judge to be appointed by virtue of this act shall appoint a clerk of said court, who shall be commissioned by the governor, and hold his office during the temporary government of said territory, unless sooner removed by said judge.
Semi-annual terms of the court to be held at Arkansaw.
Proviso.Sec. 5. And be it further enacted, That the said court established by this act shall hold two terms in each and every year in the said village of Arkansaw, to commence on the first Mondays in April and September annually, and shall continue in session until all the business before it shall be disposed of: Provided always, That the general assembly of the said territory shall have power to alter the times and place of holding the said court.
Salary, &c. &c. of the judge.
Act of June 4, 1812, ch. 95, sect. 12.Sec. 6. And be it further enacted, That the judge to be appointed by virtue of this act, shall receive the same salary, and payable in the same manner which is established by law for judges of the said superior court in the said territory of Missouri.
Approved, January 27, 1814.