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OF COURTS AND JUDICIAL OFFICERS, AND PROCEEDINGS IN

CIVIL CASES.

PART III.

TITLE I.

Of courts and certain officers of courts.

CHAPTER 75. Of the circuit court.

CHAPTER 76. Of the clerk of the circuit court.

CHAPTER 77. Of the orphans' court, and proceedings therein.

CHAPTER 78. Of the register of wills.

CHAPTER 79. Of the district court of the United States for the District of Columbia.

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SECTION 1. The circuit court of this District, consisting of one chief judge and two assistant judges, is hereby continued, with the powers and jurisdiction conferred by this Code upon the same. The said judges shall hold their respective offices during good behavior.

SEC. 2. The present judges of the circuit court of this District shall continue to hold their offices according to the tenor of their commissions; and as vacancies occur they shall be filled in the manner provided by law.

SEC. 3. Any two of the judges of the circuit court shall constitute a quorum for the transaction of any business that might be done by all the judges.

SEC. 4. Every person who shall be appointed a judge of the circuit court shall, before he begins to exercise the duties of his office, take an oath to support the constitution of the United States, and faithfully and impartially to perform the duties of his office to the best of his skill and judgment.

SEC. 5. The original jurisdiction of the circuit court shall extend to all civil cases not otherwise provided for; and said court shall have and exercise such appellate jurisdiction as may be prescribed by law.

SEC. 6. The circuit court, and the judges thereof, shall have, within this District, all the powers by law vested in the circuit courts of the United States, and the judges thereof, by the acts of the Congress of the United States now or hereafter in force, except so far as is otherwise provided.

SEC. 7. The circuit court, and the judges thereof, shall have power to issue all writs and process necessary and proper to the complete exercise of the power conferred upon said court, and upon the judges thereof, by law.

SEC. 8. When there shall be occasion for any process for which no form is prescribed by law, said court may frame a new writ in conformity with the principles thereof.

SEC 9. The judges of the said court shall, at all reasonable times, when not engaged in holding court, transact. such business at their chambers as may be done out of court at chambers; they may hear and dispose of all applications for orders and writs which are usually granted in the first instance upon an ex parte application, and may, in their discretion, also hear applications to discharge such orders and writs.

SEC. 10. The said court shall have power to make all proper judgments, sentences, decrees, orders, and injunctions, and to issue all processes, and to do such other acts as may be proper to carry into effect the same, in conformity with the laws of this District.

SEC. 11. The said court shall have power to make rules for regulating the practice and conducting the business of said court in all cases not provided for by law, and to revise the same from time to time, for the purpose of simplifying the proceedings, of expediting the decisions of causes, of presenting distinctly the points in issue in trials by jury, of diminishing costs, and of remedying the abuses and imperfections that may be found to exist in the practice.

SEC. 12. The said court shall have the general superintendence of all courts of inferior jurisdiction, to prevent and correct errors and abuses therein, when no other remedy is expressly provided by law.

SEC. 13. The said court shall be a court of record, and shall have an appropriate seal, devised by the judges thereof, a description of which shall be filed with the clerk of said court and recorded.

Ssc. 14. The judges of said court shall have full authority to administer all necessary oaths, and to take all necessary recognizances to keep the peace, or to answer any criminal charge or offence in the court having jurisdiction.

SEC. 15. The said court shall have power to hear and determine upon all errors and matters of fact that may happen in the proceedings depending in said court, and to cause to be corrected any clerical error that may happen in making up the records of said court.

SEC. 16. The circuit court shall have power to hold adjourned sessions of said court.

SEC. 17. The circuit court shall have full authority to punish by fine and imprisonment, or either, all contempts of their authority and process.

SEC. 18. When no judge of the circuit court is present at the time and place appointed for holding said court, whether at the beginning of a term or at any adjournment, the clerk of said court shall adjourn the same, from day to day, until one or more of the judges of said court shall be present.

SEC. 19. All writs and processes whatsoever issuing from the circuit court shall be tested in the name of the chief judge of said court. In the event of a vacancy in the office of the chief judge, they shall be tested in the name of the senior assistant judge of said court.

SEC. 20. The circuit court, or any judge thereof during the vacation of said court, shall have power to award a writ of error in any criminal case whatever, wherein final judgment shall have been pronounced by the criminal court of this District, convicting any person of any crime or misdemeanor. Such writ of error shall be returned to the circuit court which may be in session, or to the next circuit court which may be held at the time fixed by law for holding the same. The circuit court may reverse the judgment pronounced by the criminal court, or remand the case, or order a new trial, or such other proceeding as the nature of the case may require. The judgment of the circuit court shall be certified to the clerk of the criminal court, and preserved amongst the original papers in the case.

SEC. 21. Where, at any term of the circuit court, a jury shall be empanneled to try any cause or issue, and it shall happen that no verdict shall be found, nor the jury otherwise discharged before the day appointed by law for the commencement of the next succeeding term, the said court shall and may, nevertheless, proceed with the trial by the same jury in every respect as if such term had not commenced; and all subsequent proceedings to final judgment, if such judgment shall be rendered, shall be entered and have legal effect and operation as of the term at which the jury shall have been empanneled.

SEC. 22. No action, cause, process, or proceeding pending in the circuit court shall be discontinued by reason of such court not having been held at any stated term, or any adjournment thereof, but they shall respectively be returned to, entered, and have day in the term which shall be held after such failure.

SEC. 23. If at the end of a term of the said court any matters depending therein are undetermined, the same, subject to the provisions of section twenty-two of this chapter, shall stand continued until the next term.

SEC. 24. The said court shall be held in the city of Washington, in this District. There shall be three regular terms thereof for each year, to wit: the first beginning on the first Monday of January; the second beginning on the first Monday of May; and the third beginning on the first Monday of October.

SEC. 25. The chief judge of said court shall receive an annual salary of three thousand seven hundred and fifty dollars; and each of the

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