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refusing, dissolving, or refusing to dissolve an injunction, with a further proviso authorizing the requirement, as a condition of the appeal, of an additional injunction bond, as follows:

"That where, upon a hearing in equity in a district court or a circuit court, an injunction shall be granted, continued, refused, or dissolved by an interlocutory order or decree or an application to dissolve an injunction shall be refused in a case in which an appeal from a final decree may be taken under the provisions of this Act to the circuit court of appeals, an appeal may be taken from such interlocutory order or decree granting, continuing, refusing, dissolving, or refusing to dissolve an injunction to the circuit court of appeals: Provided, That the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appellate court; and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by that court during the pendency of such appeal: And provided further, That the court below may in its discretion require as a condition of the appeal, an additional injunction bond.”

But this amendment is superseded by the subsequent amendment of this section to read as it is set forth here, by Act June 6, 1900, c. 803, cited above, which omits the provisions of the previous amendment for appeals from interlocutory orders or decrees refusing, dissolving, or refusing to dissolve an injunction, while it adds provisions for appeals from such orders or decrees appointing a receiver, and also adds to the first proviso a clause authorizing a stay of proceedings in the court below by order of the appellate court or a judge thereof.

Expenses of judge attending circait court of appeals.

Sec. 8. That any justice or judge, who, in pursuance of the provisions of this act, shall attend the circuit court of appeals held at any place other than where he resides shall, upon his written certificate, be paid by the marshal of the district in which the court shall be held his reasonable expenses for travel and attendance, not to exceed ten dollars per day, and such payments shall be allowed the marshal in the settlement of his accounts with the United States.

Act March 3, 1891, c. 517, § 8, 26 Stat. 828.

Annual appropriations for the expenses of justices or judges who attend the circuit court of appeals held at any place other than where they reside are made by the sundry civil appropriation acts. In the appropriation for the fiscal year ending June 30, 1906, after the words "reasonable expenses” used in previous acts, the words “actually incurred” are added, making the provision read as follows: "reasonable expenses actually incurred for travel and attendance of justices or judges who shall attend the circuit court of appeals held at any other place than where they reside, not to exceed ten dollars per day, the same to be paid upon written certificates of said judge, and such payments shall be allowed the marshal in the settlement of his accoant with the United States.” Act March 3, 1905, C. 1483, § 1, 33 Stat. 1208.

Provisions similar to those of this section, for payment of the expenses of district judges holding court outside their districts, are referred to under Rev. St. 88 554, 596, 597, 613.

Court rooms; compensation of officers.

Sec. 9. That the marshals of the several districts in which said circuit court of appeals may be held shall, under the direction of the Attorney-General of the United States, and with his approval, provide such rooms in the public buildings of the United States as may be necessary, and pay all incidental expenses of said court, including criers, bailiffs, and messengers: Provided,

Provided, however, That in case proper rooms can not be provided in such buildings, then the said marshals, with the approval of the Attorney-General of the United States, may, from time to time, lease such rooms as may be necessary for such courts. That the marshals, criers, clerks, bailiffs, and messengers shall be allowed the same compensation for their respective services as are allowed for similar services in the existing circuit

courts.

Act March 3, 1891, c. 517, § 9, 26 Stat. 329.

Remand of cases on determination on appeal, etc., by Supreme Court

or by circuit court of appeals.
Sec. 10. That whenever on appeal or writ of error or otherwise a
case coming directly from the district court or existing circuit court
shall be reviewed and determined in the Supreme Court the cause
shall be remanded to the proper district or circuit court for further
proceedings to be taken in pursuance of such determination. And
whenever on appeal or writ of error or otherwise a case coming from
a circuit court of appeals shall be reviewed and determined in the
Supreme Court the cause shall be remanded by the Supreme Court
to the proper district or circuit court for further proceedings in pur-
suance of such determination. Whenever on appeal or writ of error
or otherwise a case coming from a district or circuit court shall be
reviewed and determined in the circuit court of appeals in a case in
which the decision in the circuit court of appeals is final such cause
shall be remanded to the said district or circuit court for further pro-
ceedings to be there taken in pursuance of such determination.

Act March 3, 1891, c. 517, § 10, 26 Stat. 829.
Time and proceedings for appeal or writ of error for review in circuit

court of appeals.
Sec. 11. That no appeal or writ of error by which any order, judg-
ment, or decree may be reviewed in the circuit court of appeals under
the provisions of this act shall be taken or sued out except within six
months after the entry of the order, judgment, or decree sought to be
reviewed: Provided, however, That in all cases in which a lesser
time is now by law limited for appeals or writs of error such limits
of time shall apply to appeals or writs of error in such cases taken
to or sued out from the circuit courts of appeals. And all provisions
of law now in force regulating the methods and system of review,
through appeals or writs of error, shall regulate the methods and
system of appeals and writs of error provided for in this act in re-
spect of the circuit courts of appeals, including all provisions for bonds
or other securities to be required and taken on such appeals and
writs of error, and any judge of the circuit courts of appeals, in re-
spect of cases brought or to be brought to that court, shall have the
same powers and duties as to the allowance of appeals or writs of
error, and the conditions of such allowance, as now by law belong to
the justices or judges in respect of the existing courts of the United
States respectively.

Act March 3, 1891, c. 517, § 11, 26 Stat. 829.

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Powers of circuit courts of appeals to issue writs.

Sec. 12. That the circuit court of appeals shall have the powers specified in section seven hundred and sixteen of the Revised Statutes of the United States.

Act March 3, 1891, c. 517, § 12, 26 Stat. 829.

The powers specified in Rev. St. $ 716, referred to in this section, are the powers given to the courts to issue writs of scire facias, and all writs not specifically provided for, necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of the law.

Appeals and writs of error from decisions of United States court in

Indian Territory. Sec. 13. Appeals and writs of error may be taken and prosecuted from the decisions of the United States court in the Indian Territory to the Supreme Court of the United States, or to the circuit court of appeals in the eighth circuit, in the same manner and under the same regulations as from the circuit or district courts of the United States, under this act.

Act March 3, 1891, c. 517, § 13, 26 Stat. 829.

The provisions of this section, relating to appeals and writs of error from the decisions of the United States court in the Indian Territory, may be regarded as wholly superseded, or, at least, greatly modified in their operation, by the provisions of Act March 1, 1893, c. 145, 28 Stat. 693. Section 11 of that act establishes a court of appeals in the territory, with appellate jurisdiction over the courts therein, and provides for writs of error and appeals from final de crees of said appellate court to the circuit court of appeals for the eighth circuit, without mention of appeals or writs of error to the Supreme Court of the United States, authorized by section 13 of this act. A later provision, extending the jurisdiction of the circuit court of appeals for the eighth circuit to cases pending therein upon writ of error or appeal from the United States court in the Indian Territory, where jurisdiction would have vested in the circuit court of appeals but for Act March 1, 1895, mentioned above, is contained in Act Feb. 8, 1896, c. 14, set forth below. This provision tends to support the implication that section 13 of this act is repealed or superseded by said Act March 1, 1895, c. 145.

Repeal.

Sec. 14. That section six hundred and ninety-one of the Revised Statutes of the United States and section three of an act entitled “An act to facilitate the disposition of cases in the Supreme Court, and for other purposes,” approved February sixteen, eighteen hundred and seventy-five, be, and the same are hereby repealed. And all acts and parts of acts relating to appeals or writs of error inconsistent with the provisions for review by appeals or writs of error in the preceding sections five and six of this act are hereby repealed.

Act March 3, 1891, c. 517, $ 14, 26 Stat. 829.

Rev. St. § 691, repealed by this section, provided for the review of judgments of circuit courts in civil actions, when the matter in dispute exceeded the sum or value of $2,000, by the Supreme Court on writ of error. Section 3 of Act Feb. 16, 1875, c. 77, found in U. S. Comp. St. 1901, p. 525, under Rev. St. $ 649, which is also repealed by this section, increased the amount required in order that judgments and decrees of circuit courts should be reviewed in the Supreme Court, from $2,000 to $5,000. But the jurisdiction of the Supreme Court and of the circuit courts in cases where the writ of error or the appeal was sued out or taken before July 1, 1891, was saved by Res. March 3, 1891, No. 17, set forth below.

Appeals and writs of error from supreme courts of Territories.

Sec. 15. That the circuit court of appeal in cases in which the judgments of the circuit courts of appeal are made final by this act shall have the same appellate jurisdiction, by writ of error or appeal, to review the judgments, orders, and decrees of the supreme courts of the several Territories as by this act they may have to review the judgments, orders, and decrees of the district court and circuit courts; and for that purpose the several Territories shall, by orders of the Supreme Court, to be made from time to time, be assigned to particular circuits.

Act March 3, 1891, c. 517, § 15, 26 Stat. 830.

This section providing for reviews by the circuit courts of appeals of judgments, etc., of Territorial courts in certain cases, leaves the review of judgments and decrees of those courts in other cases to be governed by the provisions relating thereto of Rev. St. $ 702, which authorize such review by the Supreme Court, and subsequent statutes, particularly Act March 3, 1885, c. 355, found in U. S. Comp. St. 1901, p. 571, under Rev. St. $ 702, which increases the amount of the sum or value of the matter in dispute, requisite for an appeal or writ of error, from $2,000 to $5,000.

RES. MARCH 3, 1891, No. 17.
Joint Resolution to Provide for the Organization of the Circuit

Courts of Appeals. (26 Stat. 1115.)
Time for first meetings of courts; jurisdiction of pending cases.

Resolved, &c., That the first meetings of the several circuit courts of appeals mentioned in the act of Congress passed at this present session, entitled “An act to establish circuit courts of appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," shall be held on the third Tuesday in June, A. D. eighteen hundred and ninety-one; and if, from any casualty, the first meeting of any of said courts shall fail to be so held on that day, the first meeting of any such court so failing to be held, shall be held on such day subsequent thereto as the chief justice, or any justice of the Supreme Court of the United States assigned to such circuit, shall direct: and be it further resolved, That nothing in said act shall be held or construed in anywise to impair the jurisdiction of the Supreme Court or any circuit court of the United States in any case now pending before it, or in respect of any case wherein the writ of error or the appeal shall have been sued out or taken to any of said courts before the first day of July, anno Domini, eighteen hundred and ninety-one.

Res. March 3, 1891, No. 17, 26 Stat. 1115.

This resolution changed to a later date the time fixed by Act March 3, 1891, c. 517, § 3, set forth above, for the first terms of the circuit courts of appeals, and extended until after that date the time within which appeals and writs of error might be taken to the circuit courts or to the Supreme Court, instead of to the circuit courts of appeals under section 4 of that act.

ACT JULY 16, 1892, c. 196, § 1.
Duties of marshals of circuit courts of appeals to be performed by

marshals for districts. That so much of section two of the act approved March third, eighteen hundred and ninety-one, to establish circuit courts of appeals as authorizes the appointment of a marshal to each of said courts at a salary of tivo thousand five hundred dollars be and the same is hereby, repealed, and the duties and powers imposed upon said marshals under the said act shall be performed by the United States marshals in and for the districts where terms of said courts may be held, and to this end said marshals shall be the marshals of said courts of appeals.

Act July 16, 1892, c. 196, § 1, 27 Stat. 222.

This is a provision of the legislative, executive, and judicial appropriation act for the fiscal year ending June 30, 1893, cited above.

ACT FEB. 8, 1896, c. 14.
An Act to Extend the Jurisdiction of the United States Circuit

Court of Appeals, Eighth Circuit, over certain Suits now Pend-
ing therein on Appeal and Writ of Error from the United States

Court in the Indian Territory. (29 Stat. 6.) Jurisdiction of circuit court of appeals for eighth circuit on writ of

error or appeal from United States court in Indian Territory. Be it enacted, &c., That the jurisdiction of the United States circuit court of appeals for the eighth judicial circuit be, and is hereby, extended to all suits at law or equity now pending therein upon writ of error to or appeal from the United States court in the Indian Territory in all cases wherein such writ of error or appeal would have vested jurisdiction in said circuit court of appeals but for the Act of Congress approved March first, eighteen hundred and ninety-five, entitled “An Act to provide for the appointment of additional judges of the United States court in the Indian Territory, and for other purposes.

Act Feb. 8, 1896, c. 14, 29 Stat. 6.

Act March 1, 1895, c. 145, referred to in this act, by section 11 thereof establishes a court of appeals in the Indian Territory, with appellate jurisdiction over the courts therein, and provides for writs of error and appeals from final decisions of said appellate court to the circuit court of appeals for the eighth circuit. The jurisdiction of the circuit court of appeals, under Act March 3, 1891, c. 517, $ 13, set forth above, having been thus transferred, wholly or in part, to the court of appeals in the Indian Territory, is saved by this act as to cases pending in the circuit court of appeals at the time of its passage.

Appeals and writs of error are to be taken from the court of appeals in the Indian Territory to the circuit court of appeals for the eighth circuit in the same manner as appeals or writs of error from the circuit courts, by Act March 3, 1905, c. 1479, § 12, set forth below.

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