of the circuit court for either district shall be appointed, except by and with the concurrence and onsent of the circuit judge. (Rev. Stats. sec. 667.)

§ 162. Virginia and Wisconsin, speial terms.-In each of the districts of Virginia nd of Wisconsin, the circuit court may order speal terms, and direct the grand or petit jury, or th, to attend the same, by an order to be entered record twenty days before the day on which such ecial term is to convene; provided, that no special m of such circuit courts shall be appointed in y of the said districts, except by and with the currence and consent of the circuit judge. v. Stats. sec. 668.)

163. Special terms, general rule.-In districts not mentioned in the five preceding ions, the presiding judge of any circuit court appoint special sessions thereof, to be held at places where the regular sessions are held. 7. Stats. sec. 669.)

Special terms, business transed at.-At any special term of a circuit court ny district in Indiana, Kentucky, Missouri, h Carolina, Virginia, and Wisconsin, any ess may be transacted which might be transat any regular term of such court. At any al term of a circuit court in any other district, 11 be competent for the court to entertain iction of and to hear and decide all cases in , cases in error or on appeal, issues of law, hs in arrest of judgment, motion for a new nd all other motions, and to award executions

and other final process, and to do and transact all other business, and direct all other proceedings, in all causes pending in the circuit court, except trying any cause by a jury, in the same way and with the same effect as the same might be done at any regular session of said court. (Rev. Stats. sec. 670.)

§ 165. Adjournment in absence of the judges.—If neither of the judges of a circuit court is present to open any session, the marshal may adjourn the court from day to day until a judge is present; provided, that if neither of them attends before the close of the fourth day after the time appointed for the commencement of the session, the marshal may adjourn the court to the next regular term. (Rev. Stats. sec. 671.)

§ 166. Adjournment in absence of the judges, by written order.-If neither of the judges of a circuit court be present to cpen and adjourn any regular or adjourned or special session, either of them may, by a written order, directed alternatively to the marshal, and in his absence to the clerk, adjourn the court from time to time, as the case may require, to any time before the next regular term. (Rev. Stats. sec. 672.)

CHAPTER X.

CIRCUIT COURT OF APPEALS.

tional circuit judges to be appointed-Qualifications, etc ait court of appeals created-Composition-General powersrshal-Clerk-Salaries-Cost, etc.

s, etc.

titution of court-Precedence.

ce of district judges-Proviso-No judge to sit on appeal om court.

s-Regular-Additional-First term.

ge of date.

ppeal allowed from district to circuit courts-Appeals, etc, m circuit court.

als allowed direct to Supreme Court-Jurisdiction-Questions Prizes-Capital crimes-Constitutional questions-Construc1 of law, treaty, etc.-Conflict of laws.

als from highest State court not affected. liction-What judgment final.

ɔrari to Supreme Court.

als and writs of error to Supreme Court.

al in equity causes-Proviso-To be taken in thirty days. uses of attending judges.

-rooms and officers

nding causes.

als, etc.-When taken,

of writs.

als, etc., from Indian territory court

als to Supreme Court-Inconsistent laws repealed. liction in cases from territorial supreme courts.

Judges Appointment, qualiis, etc.-There shall be appointed by the of the United States, by and with the d consent of the senate, in each circuit ional circuit judge, who shall have the alifications, and shall have the same power

ROC.-39.

and jurisdiction therein, that the circuit judges of the United States, within their respective circuits, now have under existing laws, and who shall be entitled to the same compensation as the circuit judges of the United States in their respective circuits now have. (26 U. S. Stats. 826, sec. 1.)

Note.-Circuit courts of appeals were established to facilitate the prompt disposition of cases in the Supreme Court, and to relieve it from the oppressive burden of general litigation, which impeded the examination of cases of public concern, and operated to the delay of suitors. (In re Woods, 143 U. S. 202; Law Ow Bew v. United States, 144 U. S. 55); and the act creating such courts took effect immediately, so as to permit appeals to be taken to them at once. (In re Claasen, 140 U. S. 209; McLish v. Roff, 141 U. S. 661; Railroad Co. v. Bennet 49 Fed. Rep. 598; 1 C. C. A. 392; Baltimore etc. R. Co. v. Andrews, 50 Fed. Rep. 728; 1 Č. C. A. 636.)

§ 168. Circuit court of appeals--Officers and powers.-There is hereby created in each circuit a circuit court of appeals, which shall consist of three judges, of whom two shall constitute a quorum, and which shall be a court of reeord with appellate jurisdiction, as is hereafter limited and established. Such court shall prescribe the form and style of its seal, and the form of writs, and other process and procedure as may be conformable to the exercise of its jurisdiction as shall be conferred by law. It shall have the ap pointment of the marshal of the court, with the same duties and powers under the regulations the court as are now provided for the marshal d the Supreme Court of the United States, so far the same may be applicable. The court shall als appoint a clerk, who shall perform and exercis

he same duties and powers in regard to all matters ithin its jurisdiction as are now exercised and erformed by the clerk of the Supreme Court of the nited States, so far as the same may be applicae. The salary of the marshal of the court shall twenty-five hundred dollars a year, and the saly of the clerk of the court shall be three thousand lars a year, to be paid in equal portions quarly. The costs and fees in the Supreme Court w provided for by law shall be costs and fees in circuit courts of appeals; and the same shall expended, accounted for, and paid over to the sury department of the United States in the e manner as is provided in respect to the costs fees in the Supreme Court. (26 U. S. Stats. sec. 2, cl. 1.)

Rules, etc.-The court shall have r to establish all rules and regulations for the act of the business of the court within its jution as conferred by law. (26 U. S. Stats. 827, cl. 2.)

Judges constituting court.-The ustice and the associate justices of the SuCourt assigned to each circuit, and the cirdges within each circuit, and the several disdges within each circuit, shall be competent s judges of the circuit court of appeals with espective circuits in the manner hereinafter d. In case the chief justice or an associate of the Supreme Court should attend at any of the circuit court of appeals, he shall and the circuit judges in attendance upon