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ACT MAY 28, 1896, c. 252, $ 1.
Terms of court for ninth circuit; messenger of court for eighth cir-

cuit.
Circuit courts :

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That in the ninth judicial circuit in addition to the term or terms held in San Francisco, a term of the circuit court of appeals shall be held each year in two other places in said circuit, to be designated by the judges of said court.

For a messenger of the United States circuit court of appeals for the eighth judicial circuit, who shall also perform the duties of librarian and crier of said court, the sum of two thousand dollars as yearly compensation; said messenger shall also receive his necessary traveling and other expenses when said court shall hold a term at any other place than that of his residence, not to exceed, however, five dollars per day, and said messenger shall be appointed by the judges of said circuit court of appeals to serve during the pleasure of the court.

Act May 28, 1896, c. 252, § 1, 29 Stat. 177.

These are provisions of the legislative, executive, and judicial appropriation act for the year ending June 30, 1897, cited above. The term at San Francisco, referred to herein, is provided for by Act March 3, 1891, c. 517, $ 3; and provisions relating to officers of the circuit courts of appeals are contained in section 2 of the same act, set forth above.

ACT JAN. 20, 1897, c. 68.
An Act to Withdraw from the Supreme Court Jurisdiction of

Criminal Cases not Capital and Confer the Same on the Circuit

Courts of Appeals. (29 Stat. 492.)
Jurisdiction on appeal or writ of error in criminal cases.

Be it enacted, &c., That so much of section five of the Act 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," approved March third, eighteen hundred and ninety-one, as reads "in cases of conviction of a capital or otherwise infamous crime,” be amended by striking out the words "or otherwise infamous," so that the same will read “in cases of conviction of a capital crime;" and that appeals or writs of error may be taken from the district courts or circuit courts to the proper circuit court of appeals in cases of conviction of an infamous crime not capital: Provided, That no case now pending in the Supreme Court or in which an appeal or writ of error shall have been taken or sued out before the passage of this Act shall be hereby affected, but in all such cases the jurisdiction of the Supreme Court shall remain, and said Supreme Court shall proceed therein as if this Act had not been passed.

Act Jan. 20, 1897, c. 68, 29 Stat. 492.

The amendment by this act of section 5 of Act March 3, 1891, c. 517, is incorporated in that section as set forth above.

Provisions for the review by the Supreme Court of final judgments in all cases of conviction of crime, the punishment of which provided by law is death, tried before any court of the United States, are contained in Act Feb. 6, 1889, c. 113, § 6, found in U. S. Comp. St. 1901, p. 569, following Rev. St. 8 699.

ACT FEB. 19, 1897, c. 263.
An Act to Amend the Act Creating the Circuit Court of Appeals

in Regard to Fees and Costs, and for Other Purposes. (29.

Stat. 536.)
Costs and fees in circuit courts of appeals.

Be it enacted, &c., That the second section of an Act to establish circuit courts of appeals, passed March third, eighteen hundred and ninety-one, be amended so that the clause therein which now reads, "The costs and fees in the Supreme Court now provided for by law shall be costs and fees in the circuit courts of appeals,” shall read, “The costs and fees in each circuit court of appeals shall be fixed and established by said court in a table of fees, to be adopted within three months after the passage of this Act: Provided, That the costs and fees so fixed by any court of appeals shall not, with respect to any item, exceed the costs and fees now charged in the Supreme Court." Each circuit court of appeals shall, within three months after the fixing and establishing of costs and fees as aforesaid, transmit said table to the Chief Justice of the United States, and within one year thereof the Supreme Court of the United States shall revise said table, making the same, so far as may seem just and reasonable, uniform throughout the United States. The table of fees, when só revised, shall thereupon be in force for each circuit.

Act Feb. 19, 1897, c. 263, 29 Stat. 536.

The amendment by this act of section 2 of Act March 3, 1891, C. 517, is incorporated in that section as set forth above.

A previous provision authorizing the Supreme Court to prepare the tables of fees to be charged by the clerk of that court is contained in Act March 3, 1883, c. 143, found in U. S. Comp. St. 1901, p. 651, following Rev. St. $ 846.

ACT JUNE 9, 1902, c. 1071.
An Act Providing that the Circuit Court of Appeals of the Eighth

Judicial Circuit of the United States Shall Hold at Least One
Term of Said Court Annually in the City of Denver, in the State
of Colorado, or in the City of Cheyenne, in the State of Wyo-
ming, on the First Monday in September in Each Year, and at the
City of Saint Paul, in the State of Minnesota, on the First Mon-

day in May in Each Year. (32 Stat. 329.) Additional terms of court for eighth circuit.

Be it enacted, &c., That the circuit court of appeals of the eighth judicial circuit of the United States is hereby authorized and required to hold one term of said court annually in the city of Denver, in the State of Colorado, or in the city of Cheyenne, in the State of Wyoming, on the first Monday in September in each year, and is hereby authorized and required to hold one term of said court annually in the city of Saint Paul and State of Minnesota on the first Monday in May

of each year.

Act June 9, 1902, c. 1071, § 1, 32 Stat. 329.

This provision is not to prevent the court from holding other terms, by section 3 of the act, set forth below.

Place of hearing appeals, writs of error, etc.

Sec. 2. That all appeals, writs of error, and other appellate proceedings which may be taken or prosecuted from the circuit or district courts of the United States in the States of Colorado, Utah, and Wyoming, and the supreme court of the Territory of New Mexico, to the court of appeals of the eighth judicial circuit, shall be heard and disposed of by the said court of appeals at the term thereof hereinbefore provided for so to be held either at the city of Denver, in the State of Colorado, or at the city of Cheyenne, in the State of Wyoming, except that any case arising from said States and Territory may, by consent of all the parties thereto, be heard and decided at a term of said court other than the one to be held in the city of Denver. in the State of Colorado, or in the city of Cheyenne, in the State of Wyoming

Act June 9, 1902, c. 1071, § 2, 32 Stat. 329.

Other terms authorized.

Sec. 3. That this Act shall not operate to prevent the said court from holding other terms in the aforesaid places or in such other places in the said eighth judicial circuit as said court may from time to time designate.

Act June 9, 1902, c. 1071, § 3, 32 Stat. 329.

Amendment of previous provisions.

Sec. 4. That chapter five hundred and seventeen of Twenty-sixth United States Statutes at Large is hereby amended in accordance with the provisions of this Act.

Act June 9, 1902, c. 1071, § 4, 32 Stat. 329.

ACT JUNE 30, 1902, c. 1333.
An Act Providing That the Circuit Court of Appeals of the Fifth

Judicial Circuit of the United States Shall Hold at Least One
Term of Said Court Annually in the City of Atlanta, in the State
of Georgia, on the First Monday in October in Each Year. (32
Stat. 548.)

Additional term of court for fifth circuit.

Be it enacted, &c., That the circuit court of appeals of the fifth judicial circuit of the United States is hereby authorized and required to hold one term of said court annually in the city of Atlanta, in the State of Georgia, on the first Monday in October in each year.

Act June 30, 1902, c. 1333, § 1, 32 Stat. 548.

This provision is not to prevent the court from holding other terms, by section 3 of the act, set forth below.

Additional terms at other places are provided for by Act Dec. 18, 1902, c. 4, and Act Jan. 30, 1903, c. 335, set forth below.

Place of hearing appeals, writs of error, etc.

Sec. 2. That all appeals, writs of error, and other appellate proceedings which may, after the date of this Act, be taken or prosecuted from the circuit or district courts of the United States in the State of Georgia to the court of appeals of the fifth judicial circuit shall be heard and disposed of by the said court of appeals at the terms of the court held in Atlanta in pursuance of this Act: Provided, That nothing herein contained shall prevent the court from hearing appeals or writs of error wherever the said court shall sit in cases of injunctions and in all other cases which under the statutes and the rules, or in the opinion of the court, are entitled to be brought to a speedy hearing.

150 F.-b

Act June 30, 1902, c. 1333, $ 2, 32 Stat. 548.

Other terms authorized.

Sec. 3. That this Act shall not operate to prevent the said court from holding other terms in the city of Atlanta or in such other places in the said fifth judicial circuit as said court may from time to time designate.

Act June 30, 1902, c. 1333, § 3, 32 Stat. 548.

Amendment of previous provisions.

Sec. 4. That chapter five hundred and seventeen of Twenty-sixth United States Statutes at Large is hereby amended in accordance with the provisions of this Act.

Act June 30, 1902, c. 1333, § 4, 32 Stat. 548. Expenses of clerk.

Sec. 5. That the clerk of said court is authorized and permitted to pay out of the fees and emoluments of his office, (one) the necessary expenses incurred by him in transporting from his office in New Orleans, Louisiana, to Atlanta, Georgia, and in transporting from Atlanta, Georgia, to New Orleans, Louisiana, the records, books, papers, files, dockets, and supplies necessary for the use of the court at its terms to be held in Atlanta, Georgia; (two) an allowance for actual expenses not exceeding ten dollars per day, to cover travel and subsistence, for each day he may be required to be present at Atlanta, Georgia, on business connected with his said office, such expenses and allowance to be approved and allowed by the senior circuit judge of the fifth judicial circuit.

Act June 30, 1902, c. 1333, § 5, 32 Stat. 548.

ACT DEC. 18, 1902, c. 4.

An Act Providing That the Circuit Court of Appeals of the Fifth

Judicial Circuit of the United States Shall Hold at Least One
Term of Said Court Annually in the City of Fort Worth, in the
State of Texas, on the First Monday in November in Each Year.
(32 Stat. 756.)

Additional term of court for fifth circuit.

Be it enacted, &c., That the circuit court of appeals of the fifth judicial circuit of the United States is hereby authorized and required to hold one term of said court in the city of Fort Worth, in the State of Texas, on the first Monday in November in each year.

Act Dec. 18, 1902, c. 4, § 1, 32 Stat. 756.

This provision is not to prevent the court from holding other terms, by section 3 of the act, set forth below.

Additional terms at other places are provided for by Act June 30. 1902, c. 1333, set forth above, and Act Jan. 30, 1903, c. 335, set forth below.

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Place of hearing appeals, writs of error, etc.

Sec. 2. That all appeals, writs of error, and other appellate proceedings which may, after the date of this Act, be taken or prosecuted from the circuit or district courts of the United States in the State of Texas to the court of appeals of the fifth circuit shall be heard and disposed of by the said court of appeals at the terms of the court held in Fort Worth in pursuance of this Act: Provided, That nothing herein contained shall prevent the court from hearing appeals or writs of error wherever the said court shall sit, in cases of injunctions and in all other cases which under the statutes and the rules, or in the opinion of the court, are entitled to be brought to a speedy hearing.

Act Dec. 18, 1902, c. 4, § 2, 32 Stat. 756.

Other terms authorized.

Sec. 3. That this Act shall not operate to prevent the said court from holding other terms in the city of Fort Worth or in such other places in the said fifth judicial district as said court may from time to time designate.

Act Dec. 18, 1902, c. 4, § 3, 32 Stat. 756.

Amendment of previous provisions.

Sec. 4. That chapter five hundred and seventeen of Twenty-sixth United States Statutes at Large is hereby amended in accordance with the provisions of this Act.

Act Dec. 18, 1902, C. 4, § 4, 32 Stat. 756.

Expenses of clerk.

Sec. 5. That the clerk of said court is authorized and permitted to pay, out of the fees and emoluments of his office, (one) the expenses incurred by him in transporting from his office in New Orleans, Louisiana, to Fort Worth, Texas, and in transporting from Fort Worth, Texas, to New Orleans, Louisiana, the records, books, papers, files, dockets, and supplies necessary for the use of the court at its terms to be held in Fort Worth, Texas; (two) an allowance for actual expenses not exceeding ten dollars per day to cover travel and subsistence for each day he may be required to be present at Fort Worth, Texas, on business connected with his said office, such expenses and allowance to be approved and allowed by the senior circuit judge of the fifth judicial circuit.

Act Dec. 18, 1902, C. 4, 85, 32 Stat. 548.

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