United States Statutes at Large/Volume 5/25th Congress/2nd Session/Chapter 192
Chap. CXCII.—An Act to establish a criminal court in the District of Columbia.[1]
Court to be established in the District of Columbia for the trial of crimes.
To be composed of one judge, and styled the criminal court of the D. C.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this law, a court shall be established in the District of Columbia, for the trial of all crimes and offences against the laws now in force in the said District, and such as may be hereafter enacted, to be composed of one judge, to be appointed by the President of the United States, by and with the consent of the Senate, and to receive as compensation for his services, an annual salary of two thousand dollars, which court shall be styled the criminal court of the District of Columbia.
Four terms in the city of Washington.Sec. 2. And be it further enacted, That the said court shall hold four terms in each year, on the first Mondays of December, March, June, and September, in the city of Washington, for the county of Washington, and two terms in each year, on the first Mondays of April and November, in the town of Alexandria, for Alexandria county;The terms in the town of Alexandria.
Power to hold special term. and that the judge of said court shall have power to hold special terms of said court in each county whenever it shall seem to him necessary to order the same, of which order ten days’ previous public notice shall be given.
District attorney, marshal, and clerks of the circuit court to attend and perform their duties.
Compensation of jurors and witnesses.Sec. 3. And be it further enacted, That the district attorney, and marshal of the said district, and the clerks of the circuit court in the said District, for the counties of Washington and Alexandria, respectively, shall attend the said criminal court in said counties, and perform all the duties now by law required of them, respectively, in relation to the criminal business of the circuit court in the said counties, and shall, respectively, receive the same fees and compensation therefor. And the jurors and witnesses attending said court in the said counties shall be entitled to the same compensation they now receive for their attendance in the said circuit court in the said counties respectively.
All cases now pending to be transferred.Sec. 4. And be it further enacted, That all recognizances, presentments, indictments, please, and criminal prosecutions, and proceedings whatsoever, and all suits and proceedings for fines and forfeitures and on forfeited recognizances, now pending in the said circuit court for the said counties of Washington and Alexandria, respectively, shall be transferred to the said criminal court in the said counties, respectively, and be there proceeded on as they would have been in the said circuit court for said counties, respectively, if this act had not been passed; and all process hereafter issued, or now issued from the said circuit court, for the said counties, respectively, shall be returnable and returned to the said criminal court at the next succeeding term and terms thereof, in the said counties, respectively, and the said criminal court shall have the jurisdiction in the said counties,Jurisdiction. respectively, now held by the said circuit court in the said counties, respectively, for the trial and punishment of all crimes and offences, and the recovery of all fines, forfeitures, and recognizances.
Writ of error may be awarded, returnable to the circuit court.Sec. 5. And be it further enacted, That the circuit court of the District of Columbia, or any judge thereof, during the vacation of the 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 for either county in the said District, returnable to the circuit court of that county in which said judgment may be rendered, convicting any person of any crime or misdemeanor, and to reverse said judgment, or remand the case, and order a new trial, or such other proceeding therein, as the nature of the case may require.
When execution may be postponed.Sec. 6. And be it further enacted, That to enable the person so convicted by the judgment of the said criminal court, to apply for a writ of error, in all cases when the judgment shall be death, or confinement in the penitentiary, the said criminal court shall, on application of the party accused, postpone the final execution thereof, to a reasonable time beyond the next term of said circuit court, not exceeding in any case thirty days after the end of such term of the circuit court.
When question of law may be adjourned, &c.Sec. 7. And be it further enacted, That the said criminal court, in any case, may with consent of the person accused, adjourn any question of law to the circuit court of that county, in the District aforesaid, in which the case is depending, which may be there argued and decided, though such accused person be not present.
Sec. 8. And be it further enacted, That there shall be hereafter paid Fees to the coroners, jurors, and witnesses.to the coroners of the counties of Washington and Alexandria in the said district, and to the jurors and witnesses, who may be lawfully summoned by them in any inquest, the same fees and compensation as are now paid to the marshal of the said District, and the jurors attending the circuit court in the said county for similar services.
Approved, July 7, 1838.
- ↑ An act to amend “An act to establish a criminal court in the District of Columbia;” February 20, 1839, chap. 31.