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ACT JAN. 30, 1903, c. 335. [As amended 1904.]
An Act Providing That the Circuit Court of Appeals of the Fifth Judicial Circuit of the United States Shall Hold at Least One Term of Said Court Annually in the City of Montgomery, in the State of Alabama, on the First Monday in September in Each Year. (32 Stat. 784.)
Additional term of court for fifth circuit.
Be it enacted, &c., That the circuit court of appeals of the fifth judicial circuit of the United States is hereby authorized and required to hold one term of said court in the city of Montgomery, in the State of Alabama, on the third Monday in October in each year.
Act Jan. 30, 1903, c. 335, § 1, 32 Stat. 784. Act April 22, 1904, c. 1420, 33 Stat. 249.
The concluding words of this section, as originally enacted, "on the first Monday of September in each year," were stricken out, and the words, "on the third Monday in October in each year," inserted, by amendment by Act April 22, 1904, c. 1420, cited above.
This provision is not to prevent the court from holding other terms, by section 3 of the act, set forth below.
Additional terms at other places are provided for by Act June 30, 1902. c. 1333, and Act Dec. 18, 1902, c. 4, set forth above.
Place of hearing appeals, writs of error, etc.
Sec. 2. That all appeals, writs of error, and other appellate proceedings which may, after the date of this Act, be taken or prosecuted from the circuit or district courts of the United States in the State of Alabama to the court of appeals of the fifth circuit shall be heard and disposed of by the said court of appeals at the terms of the court held in Montgomery in pursuance of this Act: Provided, That nothing herein contained shall prevent the court from hearing appeals or writs of error wherever the said court shall sit, in cases of injunctions and in all other cases which under the statutes and the rules, or in the opinion of the court, are entitled to be brought to a speedy hearing.
Act Jan 30, 1903, c. 335, § 2, 32 Stat. 784.
Other terms authorized.
Sec. 3. That this Act shall not operate to prevent the said court from holding other terms in the city of Montgomery or in such other places in the said fifth judicial circuit as said court may from time to time designate.
Act Jan. 30, 1903, c. 335, § 3, 32 Stat. 784.
Amendment of previous provisions.
Sec. 4. That chapter five hundred and seventeen of Twenty-sixth United States Statutes at Large is hereby amended in accordance with the provisions of this Act.
Act Jan. 30, 1903, c. 335, § 4, 32 Stat. 784.
Expenses of clerk.
Sec. 5. That the clerk of said court is authorized and permitted to pay out of the fees and emoluments of his office (first) the expenses
incurred by him in transporting from his office in New Orleans, Louisiana, to Montgomery, Alabama, and in transporting from Montgomery, Alabama, to New Orleans, Louisiana, the records, books, papers, files, dockets, and supplies necessary for the use of the court at its terms to be held in Montgomery, Alabama; (second) an allowance for actual expenses not exceeding ten dollars per day to cover travel and subsistence for each day he may be required to be present at Montgomery, Alabama, on business connected with his said office, such expenses and allowance to be approved and allowed by the senior circuit judge of the fifth judicial circuit.
Act Jan. 30, 1903, c. 335, § 5, 32 Stat. 784.
ACT MARCH 4, 1904, c. 395. [H. R. 10,145.]
An Act to Provide for Appeals, Writs of Error, and Other Appellate Proceedings from the Circuit and District Courts of Beaumont, in the Eastern District of Texas. (33 Stat. 59.)
Place of hearing appeals, writs of error, etc.
Be it enacted, &c., That all appeals, writs of error, and other appellate proceedings which may hereafter be taken or prosecuted from the circuit or district courts of the United States from the courts at Beaumont, Jefferson County, Texas, in the eastern judicial district of Texas, to the court of appeals of the fifth circuit shall be heard and disposed of by said court of appeals at the terms of court held in the city of New Orleans, in the State of Louisiana: Provided, That nothing herein contained shall prevent the court from hearing appeals or writs of error wherever the said court shall sit in cases of injunctions and in all other cases which under the statutes and the rules or in the opinion of the court are entitled to be brought to a speedy hearing.
Act March 4, 1904, c. 395, 33 Stat. 59.
ACT MARCH 3, 1905, c. 1479, § 12. [H. R. 17,474.]
Appeals and writs of error from court of appeals in Indian Territory to circuit court of appeals for eighth circuit.
That hereafter all appeals and writs of error shall be taken from the United States courts in the Indian Territory to the United States court of appeals in the Indian Territory, and from the United States court of appeals in the Indian Territory to the United States circuit court of appeals for the eighth circuit in the same manner as is now provided for in cases taken by appeal or writ of error from the circuit courts of the United States to the circuit court of appeals of the United States for the eighth circuit.
Act March 3, 1905, c. 1479, § 12, 33 Stat. 1081.
This section is part of the Indian appropriation act for the fiscal year ending June 30, 1906.
ACT APRIL 14, 1906.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the seventh
section of the Act of Congress entitled "An Act to establish circuit courts of appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes." approved March third, eighteen hundred and ninety-one, as amended by Act approved June sixth, nineteen hundred, be, and it is hereby, amended to read as follows:
"Sec. 7. That where, upon a hearing in equity in a district or in a circuit court, or by a judge thereof in vacation, an injunction shall be granted or continued, or a receiver appointed by an interlocutory order or decree, in any cause an appeal may be taken from such interlocutory order or decree granting or continuing such injunction, or appointing such receiver, to the circuit court of appeals: Provided, That the appeal must be taken within thirty days from entry of such order or decree, and it shall take precedence in the appellate court; and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by that court, or by the appellate court, or a judge thereof, during the pendency of such appeal: Provided further, That the court below may, in its discretion, require as a condition of the appeal an additional bond."
34 Stat. 116.
UNITED STATES CIRCUIT COURTS OF
AS ORIGINALLY ADOPTED AND SUBSEQUENTLY AMENDED
Together with order of Supreme Court providing Table
of Fees and Instructions as to Applications for Writs