Page:United States Statutes at Large Volume 43 Part 1.djvu/971

 940 SIXTY—EIGHTH CONGRESS. Sess. II. C11. 229. 1925. H¤l>¤¤= ¤°¤*¤¤· Sec. 6. (a In a roceedi in habeas cor us in a district cou ,,,‘,,’{_;,'°‘§{,‘ ,?§,‘$§E$°§§§ or before a district ijudge orng circuit judge, ihe final order shall lbtd °*d¤**‘°*· subject to review, on appeal, by the circuit court of appeals of the glrcuit wherein the proceeding isfhladiw A circuit judlge shall have e same power to ant writs o a as co us wit in his circuit that a disltrict has Ivvgthin hlis distxgctiviarad tge order of the circuit judge s ente in the recor s 0 t ie istrict court of the district wherein the restraint complained of is had. _ _ ,u§,{mD‘gf,§ji{ of fg Sb) In such a proceeding in the Supreme Court of the District of mls- Co umbia, or before a justice thereof, the final order shall be subject to review, on appeal, by the Court of Ap als of that District. p,Q,;‘,f,”(‘§{,’§f,_ °‘ S"` (c) Sections 239 and 240 of the Judicial Code shall appl to ana, p. me habeas corpus cases in the circuit courts of appeals and in the Cyourt of Appeals of the District of Columbia as to other cases therein. °i'°‘j*§,f,Yj?*c,°f°§' “§ (cl) The provisions of sections 765 and 766 of the Revised Statutes g§§>gf¤f_:,g§*,g3 ,66 and the provisions of an Act entitled "An Act restricting in certairi . p. 40 ' cases the right of appeal to the Supreme Court in habeas co us, °‘ ’°‘ ‘ proceedings,’ a proved March 10, 1908, shall apply to appeliiate proceedings fsindbrhthes sectioncas they heretofore have applied to ` direc` t appéa to the upreme ourt. ' f},},“g’*§,?‘,f,I,:"},‘,",‘{;,, Sec. 7. That in any case in the Supreme Court of the Philippine ggilltxéggjvedfummv Islands wherein the Constitution, or any statute or treaty of the United States is involved, or wherein the value in controversy exceeds $25,000, or wherein the title or possession of real estate exceeding v°’·°°·”·“"“‘ gimiainge the sum tif $2I?,0g0 is invgved oié lilronjght in question, it com tent ort e u reme ourt o the nited Sta u the petitionlbef a party aggrihved by the final judgment to require, by certiorari, that the cause be certified to it for review and determination with the same power and authority, and with like No atm appellate effect, as if the cause had been brought before it on writ of error or miewnnwea. gppeal; gud; egcept as jgovideci ig tllgls izection, the judgments and ecrees o the upreme ourt o the i ippine Islands shall not be sub°ect to a Hate review. i,,g"}f;‘&§{,“,E’,"§§§ Sino. 8. (aI)p€That no writ of error, appeal, or writ of certiorari, gg;-;{¤ Cem M M- intended to bring anly juggment or decree before the Supreme Court for review shall e a low or enterta1ned unless application therefor be duly made within three months after the entry of such judgment or decree, ercepting that wrnts of certiorari to the Supreme Court of mm the Philiplpme Islands may be granted where apphcatxon therefor ig Extension {O, ,,8,,,% made wit in six months: Promded, That for ood cause shown either of such periods for applying for a writ of certiorari may be Ummm mowed extended not exceeding sugty days by a justice of the Supreme Court, xg?. ;,;,;,g j,, (b) Where an app ication for a writ of certiorari is made with P the purpose of securing a removal of the case to the Supreme Court goin a cgcéng cogrt of appinls or thehCourt of Appeals of the istrict 0 o um ia ore the court w erein the same is ndin has given a judgment or decree the application may be madgit an§ Timo umn to pply time prior to_the hearing and submission in that court. lcguzgxliflv pygknmn (c) No writ of error or appeal intended to bring any judgment " · or decree before a circuit court of appeals for review shall be allowed unless application therefor be dul made within three months after the entry of such jud ent or decree. s,;;‘§,§‘};,€Q;_’;,§$,’g,e‘g$ (d)· In any case in which the grlilzil judgment or decree of any g;eI<;¤;¤g>g3rr;Afr¤¤ Su- court is subject to review by the Supreme Court on writ of certiorari, the egegution and ergorcement of such judgment or decree may be _ staye or a reasona e time to enable the a a `eved to a l surety to be given for and to obtain a writ of certiorari frldixliqtheggdpreme Cgdig em. ’ The stay may be granted by a jud e of the court rendering the jzgdgment or decree or by a justice 0% the Supreme Court, and may conditioned on the giving of good and sufficient security, to be