United States Statutes at Large/Volume 4/20th Congress/1st Session/Chapter 29
Chap. XXIX.—An Act providing for the appointment of an additional judge of the superior court for the territory of Arkansas, and for other purposes.[1]
An additional judge of the superior court to be appointed for the territory of Arkansas.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the President of the United States of America, by and with the advice and consent of the Senate, to appoint and commission an additional judge of the superior court for the territory of Arkansas, who shall reside in said territory, and hold his commission for the term of four years.
Legislature of Arkansas authorized to organize the counties of said territory into four judicial districts, &c.Sec. 2. And be it further enacted, That, when the said judge shall have been commissioned, the legislature of the territory of Arkansas shall be authorized to organize the counties of said territory into four judicial districts, and to assign to each of the four judges of the superior court of the territory of Arkansas one of said circuits or districts, and to require said judges to hold circuit or district courts in each county of their respective districts, at such place and time as the legislature aforesaid may appoint and designate.
Additional duties.Sec. 3. And be it further enacted, That, in addition to holding district or circuit courts, as aforesaid, the judges aforesaid shall hold two terms annually, of the superior court, at the seat of government in said territory; and the legislature aforesaid shall be authorized, in all cases, except when the United States is a party, to fix the respective jurisdictions of the district and superior court. The United States’ cases shall be tried in the superior court, in the manner that said cases are now tried.
A clerk in each county of their respective districts.Sec. 4. And be it further enacted, That the judges aforesaid shall be authorized to nominate and appoint, and the governor to commission, a clerk in each county of their respective districts, in such manner, with such powers, and for such term of time, as the legislature aforesaid may designate; but in no county shall the clerk of the superior court be appointed the clerk of the circuit court;Compensation of said clerks. and the compensation of said clerks, except in United States’ cases, shall be fixed by the legislature aforesaid.
Appeal.Sec. 5. And be it further enacted, That, when any party to a suit is aggrieved by a decision of a judge holding a district court, except in criminal cases, the party aggrieved shall be at liberty, by appeal, writ of error, or certiorari, to remove said suit to the superior court of said territory, for further trial; and the case thus brought up shall be tried by the judges, or any two of them other than the judge who made the decision in the district court.
Salary as the other judges.Sec. 6. And be it further enacted, That the additional judge hereby authorized to be appointed shall receive the same salary now allowed by law to the judges of the superior court of the territory of Arkansas.
Writs of error, &c., to be made to the Supreme Court of the United States.Sec. 7. And be it further enacted, That writs of error and appeal from the final decision of the superior court for the territory of Arkansas, shall be made to the Supreme Court of the United States, in the manner, and under the same regulations, as from the circuit courts of the United States, when the amount in controversy, to be ascertained by oath or affirmation of either party, shall exceed one thousand dollars.
Act of the legislature, in relation to the courts of said territory, confirmed.Sec. 8. And be it further enacted, That the act of the legislature of the territory of Arkansas, passed at the last session of the legislature of said territory, in relation to the courts of said territory, so far as the provisions of said act are not inconsistent with and repugnant to this act, be, and the same is hereby, affirmed until said legislature may alter or modify the same.
Acts coming within the purview of this act repealed.Sec. 9. And be it further enacted, That all acts coming within the purview of this act be, and the same are hereby, repealed; and that this act shall take effect, and be in force, from and after its passage.
Approved, April 17, 1828.
- ↑ Acts relating to the courts in Arkansas:An act to extend the jurisdiction of the district court of the United States, in the district of Arkansas, March 1, 1837, ch. 16.An act supplementary to the act entitled “An act to amend the judicial system of the United States,” March 3, 1837, ch. 34.An act to amend the act of the third of March, 1837, entitled “An act supplementary to the act entitled ‘An act to amend the judicial system of the United States,’” and for other purposes, March 3, 1839, ch. 81.An act supplementary to the act entitled “An act to regulate trade and intercourse with the Indian tribes and to preserve peace on the frontiers,” passed thirtieth June, one thousand eight hundred and thirty-four, June 17, 1844, ch. 103.