Page:United States Statutes at Large Volume 28.djvu/190

 FIFTY-THIRD CONGRESS. Sess. II. Ch. 172. 1894. 16] in the discretion of the court, an annual salary not to exceed the sum Sawy- of three thousand dollars, payable monthly at the Treasury of the United States, and who shall give bond, such as the court may deter- Bondmine to be satisfactory, for the faithful performance of his duties, and his duties shall be such as the court may from time to time prescribe. That the said clerk of the court of appeals shall, with the approval of _4pp¤s¤¤¤m on. the court, appoint one assistant or deputy clerk, who shall receive as “‘“°““” °*'“‘· compensation for his services, in the discretion of the court, an annual salary not to exceed the sum of two thousand dollars, payable monthly at the Treasury of the United States, and who may sign the name of D¤¤¤•- the clerk to any official act required by law, or by the practice of the court, to be performed by the clerk, and may authenticate said signature by auixing the seal of the court thereto, when the impress of the seal is necessary to its authentication. In such cases the signature shall be —— —-, Clerk. By — ————-, Assistant Clerk. The court shall regulate from time to time the fees to be charged by the 1'•¤•· said clerk, which shall be accounted for at least once in each quarter, and paid into the Treasury of the United States, and said clerk shall omce upmss. receive such allowance for necessary expenditures in the conduct of his office as the court may determine by special or general order in the premises, but not to exceed the sum of five hundred dollars in any one year, payable as aforesaid at the Treasury of the United States!' Sec. 2. That section six of the Act aforesaid be, and the same is hereby, amended so as to read as follows: “SEo. 6. That said court of appeals shall establish by rule of court '1‘¤¤¤g·- such terms of the court in each year as to it may seem necessary: Pro- §Q{‘,f';,_ vided, however, That there shall be at least three terms in each year, and it shall make such rules and regulations as may be necessary and proper for the transaction of its business and the taking of appeals to. said court. And said court of appeals hall have power to prescribe R°°°“’·“‘°* what part or parts of the proceedings in the court below shall constitute the record on appeal and the form of bills of exception, and to require that the original papers shaH be sent to it instead of copies thereof, and generally to regulate all matters relating to appeals whether in the court below or in said court of appeals. Ifany member hremmrm v·~<=•¤ of the court shall be absent on account of illness or other cause during ° ' the season thereof, or shall be disqualified from hearing and determining any particular cause by having been of counsel therein, or by having as justice of the supreme court of the District of Columbia previously passed upon the merits thereof, or if for any reason whatever it shall be impracticable to obtain a full court of three justices, the member or members of the court who shall be present shall designate the justice Justia- of ¤¤1>¤=¤¤•> or justices of the supreme court of the District of Columbia to tempo- °°‘"°"’°°"°‘ raril y fill the vacancy or vacancies so created, and the justice or justices so designated shall sit in said court of appeals and perform the duties of a member thereof while such vacancy or vacancies shall exist: Provided, That no justice of the supreme court of the District of Colum- not w msu umnbia shall, while on the bench of said court of appeals, sit in review of °'“j“°g"'°“°"°°°‘ any judgment, decree, or order which he shall himself have entered or made: Provided also, That if the partiesto any cause shall so stipulate _ §=·¤ri¤g by tw in writing by their attorneys and solicitors, such cause may be heard ·‘“ g"' and determined by two justices of the court without calling in any of the justices of the supreme court of the District of Columbia: And provided algo, That all 'motions to dismiss appeals and other motions may M•¤·>¤·- be heard by two justices, in the event of the absence or disqualification _ _ _ _ of any one of the justices as aforesaid: And provided further, That if D"'"" °’""°"* in any cause heard before two justices as aforesaid the court shall be divided in its opinion, then the judgment or decree of the lower court shall stand aiIirmed." STAT—VOL xxviu-11