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writ of error, the exclusion of a Chinese merchant unthe Chinese exclusion act, notwithstanding satisfactory dence of his status as a merchant here, presents a quesn of such importance as will justify the Supreme Court requiring the circuit court of appeals to certify the case it for review. (Law Ow Bew, U. S. Sup. Ct., Novemterm, 1891.)

179. Appeals to Supreme Court.-In cases not herein before, in this section, made l there shall be of right an appeal or writ of or or review of the case by the Supreme Court he United States, where the matter in controy shall exceed one thousand dollars besides S. But no such appeal shall be taken or writ rror sued out unless within one year after the y of the order, judgment, or decree sought to be wed. (26 U. S. Stats. 828, sec. 6, cl. 3.) 180. Appeal in equity causes.—Where, a hearing in equity in a district court, or in xisting circuit court, an injunction shall be ed or continued by an interlocutory order or e, in a cause in which an appeal from a final e may be taken under the provisions of this the circuit court of appeals, an appeal may be from such interlocutory order or decree ng or continuing such injunction to the cirourt of appeals. Provided, that the appeal e taken within thirty days from the entry of rder or decree, and it shall take precedence appellate court; and the proceedings in other s in the court below shall not be stayed unherwise ordered by that court during the cy of such appeal. (26 U. S. Stats. 828,

§ 181. Expenses of attending judges. -Any justice or judge, who, in pursuance of the provisions of this act, shall attend the circuit court of appeals held at any place other than where he resides shall, upon his written certificate, be paid by the marshal of the district in which the court shall be held his reasonable expenses for travel and attendance, not to exceed ten dollars per day, and such payments shall be allowed the marshal in the settlement of his accounts with the United States. (26 U. S. Stats. 828, sec. 8.)

§ 182. Court rooms and officers. The marshals of the several districts in which said circuit court of appeals may be held shall, under the direction of the attorney-general of the United States, with his approval, provide such rooms in the public buildings of the United States as may be necessary, and pay all incidental expenses of said court, including criers, bailiffs, and messengers. Provided, however, in case proper rooms can be provided in such buildings, then the said marshals, with the approval of the attorney-general of the United States, may, from time to time, leave such rooms as may be necessary for such courts. That the marshals, criers, clerks, bailiffs and messengers shall be allowed the same compensation for their respective services as are allowed for similar services in the existing circuit courts. (26 U. S. Stats. 829, sec. 9.

§ 183. Remanding causes. -Whenever on appeal or writ of error or otherwise, a case com ing directly from the district court or existing

it court shall be reviewed and determined in Supreme Court, the cause shall be remanded me proper district or circuit court for further eedings, to be taken in pursuance of such deination. And whenever on appeal or writ of - or otherwise, a case coming from a circuit of appeals shall be reviewed and determined e Supreme Court, the cause shall be remanded he Supreme Court to the proper district or it court for further proceedings in pursuance ch determination. Whenever on appeal or of error or otherwise a case coming from a ct or circuit court shall be reviewed and dened in the circuit court of appeals in a case ich the decision in the circuit court of appeals 1, such cause shall be remanded to the said t or circuit court for further proceedings to re taken in pursuance of such determination. S. Stats. 829, sec. 10.)

34. Appeals, when taken.-No appeal or error by which any order, judgment or may be reviewed in the circuit courts of apnder the provisions of this act shall be taken I out except within six months after the f the order, judgment, or decree sought to wed. Provided, however, that in all cases h a lesser time is now by law limited for or writs of error, such limits of time shall › appeals or writs of error in such cases > or sued out from the circuit courts of And all provisions of law now in force methods and system of review, appeals or writs of error, shall regulate

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the methods and system of appeals and writs of error provided for in this act in respect to the circuit courts of appeals, including all provisions for bonds or other securities to be required and taken on such appeals and writs of error, and any judge of the circuit courts of appeals, in respect of cases brought or to be brought to that court, shall have the same powers and duties as to the allowance of appeals or writs of error, and the conditions of such allowance, as now by law belong to the justices or judges in respect of the existing courts of the United States respectively. (26 U. S. Stats. 829, 311; Rev. Stats. secs. 997-1013.)

§ 185. Issue of writs.-The circuit court of appeals shall have the powers specified in section seven hundred and sixteen of the Revised Statutes of the United States. (26 U. S. Stats. 827, sec. 12; Rev. Stats. sec. 716.)

Ne exeat, Rev. Stats. sec. 717; restraining order, Id. secs. 718, 719; holding to security for breach of peace, ld. 727; habeas corpus, Id., secs. 751, 752; arrest and admission to bail, Id. secs. 1015, 1016; search-warrants under Revenue Law, Id. sec. 3066; as amended, 22 U. S. Stats. 49; search-warrants for counterfeits and implements, 26 U. S. Stats. 743, sec. 5.

§ 186. Appeals, etc., from Indian Ter ritory court.-Appeals and writs of error may be taken and prosecuted from the decisions of the United States court in the Indian Territory to the Supreme Court of the United States, or to the cir cuit court of appeals in the eighth circuit, in the same manner and under the same regulations as from the district or circuit courts of the United States under this act. (26 U. S. Stats. 829, sec. 131

CIRCUIT COURT OF APPEALS. SS 187-188

187. Appeals to Supreme Courteals.-Section six hundred and ninety-one of Revised Statutes of the United States, and 13 of an act entitled, "An act to facilitate sposition of cases in the Supreme Court, and her purposes," approved February sixteen, en hundred and seventy-five, be and the same eby repealed. And all acts and parts of ating to appeals or writs of error inconsistth the provisions for review by appeals or f error in the preceding sections five and this act are hereby repealed. (26 U. S. 29, sec. 14.)

8. Jurisdiction in cases from rial supreme courts. The circuit f appeal, in cases in which the judgment of it courts of appeal are made final by this I have the same appellate jurisdiction, by -rror or appeal, to the courts of Territories s act they may have to review the judgders, and decrees of the district court and urts, and for that purpose the several Terall, by order of the Supreme Court, to be m time to time, be assigned to particular (26 U. S. Stats. 830, sec. 15. Act aparch 3, 1891.

der the Revised Statutes, section 631, relating to appeals et courts to the circuit courts, superseded by this act creatcourts of appeals.

cree" refers to decrees in equity or admiralty and mari-n, and in such cases only appeal lies (United States v. s, 470); and a writ of error is not the proper process. (Mcd States, 1 Gall. 227; Norton v. Hood, 12 Fed. Rep. 767, peal is taken from decree of condemnation, subsequent not appealable. (The Hollen, 1 Mason, 131.) The appeal on lies only from a final decree. (Norton v. Hood, 12 Fed. cai v. Lindsay, 19 How. 199; The Seneca, Gilp. 34.) A C.-40.

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