Page:United States Statutes at Large Volume 31.djvu/1277

 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1225 The court shall regulate from time to time the fees to be charged by Fm- °‘°· the 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 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. 225. TERMS AND RULES.-—The said court of appeals shall estab- Termslish by rule of count such terms of the court in each year as to it may seem necessary: Provided, however, That there shall be at least three ,1€’;”,§§g·% lm, mm terms in each year; and it shall make such rules and regulations as sym. V may be necessary and proper for the transaction of its business and the taking of appeals to said court. And said court of appeals shall m§§;V§;g1‘,§at$gg;*€&° have the power to prescribe what part or parts of the proceedings in ’ ` the court below shall constitute the record on appeal, except as herein otherwise provided, and the forms of bills of exceptions, and to require that the original papers 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. If any member of the court shall be p,§,f,‘§‘},(§§,§Qi§,§,‘;?S§{f' absent on account of illness or other cause during the session 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 a justice or justices of the supreme court of the District of Columbia to temporarily 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 ;,{,’;“"€§‘(§ff }§§’§, ‘jf,; the supreme court of the District of Columbia shall, while on the bench himselfof said court of appeals, sit in review of any judgment, decree, or order which he shall have himself entered or made: Provided also, That if the ,,§_§’§,,§S“j§,§°§up”,§g,_X parties to any cause shall so stipulate in writing, by their attorneys and ¤i<>¤ <>f counselsolicitors, such cause may be heard and determined by two justices of the court without calling in an of the justices of the supreme court of the. District of Columbia: Awdprovided also, That all motions to dismiss ;§}”·Y "°‘“ ‘“°°i°“S· appeals and other motions may be heard by two justices in the event of the absence or disqualihcation of any one of the (justices as aforesaid: _ _ _ And provided further, That if in any cause hear before two justices —d“'iSi°“ in °P“"°“· as aforesaid the court shall be divided in its o inion, then the judgment or decree of the lower court shall stand afliimed. _ _ Sec. 226. J Un1sD1or1oN.—Any party aggrieved by any final order, J““S““°“°°· judgment, or decree of the supreme court of the District of Columbia, or of any justice thereof, "including any Hnal order or judgment in any case heard on appeal from a justice of the peace," may appeal therefrom to the said court of appeals; and upon such appeal the court of appeals shall review such or er, judgment, or decree, and aiiirm, reverse, or modify the same as shall be just, except as provided in the followin sections. Appeals shall also be allowed to said court of appeals Som all interlocutory orders of the supreme court of the District of Columbia, or by any justice thereof, whereby the possession of property is changed or affected, such as orders for the appointment of receivers, granting injunctions, dissolving writs of attachment, and the like; and also from any other interlocutory order, in the discretion of the said court of appeals, whenever it is made to appear to said court upon petition that it will be in the interest of justice to allow such appeal. Sec. 227. Arrmns FROM romon oonnr.—-lf, upon the trial of any cO’,`;§P°““'°m p°“°° cause in the police court, an exception be taken by or on behalf of