Page:United States Statutes at Large Volume 12.djvu/794

 764 THIRTY—SEV`ENTH CON GRESS Sess. III. Ch. 91. 1868. is by jury, at a circuit court; and when the trial is without a juz·y, a1; 3 muccofhw, circuit court or special term. Issues of low may be med at a cnrcuil: MW med- court or special term. At any time after issuez and ut least ten days before the sitting of the court, either party may gnvc noucc of mal. The party giving the notice shall furnish the cIcrk, at lcact four duys bcforc the sitting of the court, with a notc of the xssuc, contaming the utlc of the action, the names of the attorneys, and the time when the last pleading was served ; and the clerk shall thereupon enter the cause upon a calendur, according be the date of the issue. Exception Sec. 8. And be it further enacted, That if} upon the trmI of a cause, an exception be taken, in may be reduced to wrmng at tho uma, or xt may be entered on the minutes of the justicqand afterwards settled in such manner as may be provided by the rules of the court, and then ctatcd in writing in n case or bill of exceptions, with so much of the evidence as may be material to the questions to be raised, but such case or bn1I0f exceptions need not be scaled or signed. The justice who tries the cause Nw **1*- may, in his discretion, entertain a motion, to be made on his minutes, to set aside a verdict and grant a new trial upon exceptions, or for insuf- Pmviw Hcicnt evidence, or for excessive damages: Provided, That such motion bc made at the same term or circuit at which the trial was had. When such motion is made and heard upon the minutes, an appeal to the general term may be taken from the decision, in which casc a bill of exceptions 01* case shall be settled in the usual manner. Motion for new Sec. 9. And be it further enacted, That a motion for a new trial on a
 * Ik8;€·k:Q`;;l case or bill of exceptions, and on application for judgment on a special

berm. verdict or a verdict taken subject to the opinion of the court., shall bc heard in the first instance at a general term. w¤·i¤,&c.,hcw Sec. 10. And be it further enacted, That writs and process issued out t°“°d‘ of the court hereby organized may be tested in the name of any justice of said court. Writs of error Sec. 11. And be it further enacted, That any final judgment, order, or °;‘d °‘pP°“lS °° decree of said court may be rcéxamined and reversed or aflirmad in the s preme court _ _ _ , Orme Umm supreme court of the United btatcs, upon wm: of error or appeal, m the $*3****- same cases and in like manner as is now provided by law in rcforcncc to the final judgments, orders, and decrees of the circuit court of the United States for the District of Columbia. · Appealsfhgn Sec. 12. And be it further enacted, That appeals may be madofrom {}';§';‘f:":;‘;;fz';;j the judgments of justices of the peace to the court hereby organized in like manner and in the same cases in which such appeals are now allowed to the circuit court of the United States for the District of Columbia. Such appeals shall be hcard and decided at a special term. Pmvigign rm- Sm. 13. Ami be it jin·tlu:r enacted, That all suits and proceedings D¢¤di¤G P¤'°¤¤¤¤· which, at the time this act takes effect, shall be pending in any of the courts hereby abolished shall be transferred to the courts to be established under the provisions of this act, and may be prosecuted therein with the same efcct as they might have been in the court in which the same were commenced. Process issued out of any of said courts shall also be rcturned to nbc court hereby established. Justkws of the Sec. 14. And be it further enacted, That justices of the peace may be f_'n°;§:d“;:‘yn*;‘;i;‘;` removed by the court to be organized under the provisions of this act at a sm ’ general term, after due notice, and an opportunity to be heard in their defence, and for causes to be assigned in the order of removal. Fw °*`J“¤“°°¤· Sec. 15. And be it further enacted, That tho justices to be appointed by virtue of this act shall receive an annual salary of three thousand d01- lars, to be paid quarterly at the treasury of the United States. cxmuiazdiscricr., Sm. 16. And be it further enacted, That tho circuit court, district
 * ‘;_f;Qf‘}‘fQ: Dis court, and criminal court of the District of Columbia are hereby abc}-

u-ici; of columbia ished. All laws and parts of laws relating to said courts, so far as the
 * b°‘¤¤h°d· same are applicable to the courts creamed by this act, are hereby con-