[House Bill, No. 239. J HOUSE OF REPRESENTATIVES, Novembor 29, 18G4.— Read first and second times, and made special order after Currency and Tax bills, and from day to day, and ordered to be printed. [By Mr. Chilton, from Committee on Judiciary] A. BILL To be entitled An Act to organize the Supreme Court. 1 Sf.ction I. T/ie To/jr^/Y^.^ of fhc Confederalr. States of Ainerka do 2 cnad. That the Supreme Court of the Confederate States, shall 3 consist of the Chief Justice and four associate justices. 1 Sec. 2, The Chief Justice shall preside over the court, atjd. 2 after him, the associate justices shall have precedence in the S order of the dates of their commissions, and. when tho dates are 4 the same, in the order of their ages. Three of the justices shftU 5 constitute a quorum. 1 Stc. 3. The Chief Justice shall have a salary of eight thou- 2 sand dollars, and each of the associate justices a salary of seven 3 thousand dollars per annum, payable quarterly out of the 4 treasury. 1 Stc. 4. Before entering on the duties of their offices, each of 2 said justices shall take an oath or aflSrmation to support the Con- 3 Btitution, to administer justice without respect to persons, to do 4 equal right to the poor and to the rich, and faithfully and im- 5 partially to perform and discharge all the duties of his oflSco 6 agreeably to the Constitution and laws of the Confederate States, 7 according to the best of his ability. 1 Sec. 5. The Supreme Court shall hold two sessions annually at 2 the seat of government, one session commencing on the first 3 Monday of January, and another commencing on the first Mon- 4 day of June, and to continue until the business is disposed of. If 5 less than a quorum attend at the time appointed, any one of the 6 justices being present may adjourn the court from day to day 7 until a quorum be convened, or, (after ten days,) he may adjourn 8 it until the next term, and he may make any order touching pro- 9* cess returned or returnable to the court, or a cause pending 10 therein, preparatory to the hearing thereof, subject to revision 11 and reversal by the court. The Chief Justice may, at any time, 12 call a special session of the court, causing notice thereof to be 13 given by a weekly publication, for three weeks, in a newspaper 14 publishe d at the seat of government. 1 Sec. 6. The laws, applicable to the Supreme Court established 2 under the Pr(fvisional Government, shall be applicable to the 3 court hereby organized, so far as the same are consistent with 4 the Constitution and this act, and all appeals and writs of error 5 which were returnable to the former court shall be returnable to 6 the court hereby organized. s 1 Sec. 7. From judgments and decrees rendered before the 2 secession of any State, in any court held therein, appeals and 3 writs of error shall lie to the court hereby organized in such 4 cases and in like manner as the same lay to the Supreme Court 3 of the United States before the secession, notwithstanding an 6 appeal or writ of error has been taken to the latter court and not 7 dismissed unless the cause had been decided by that court before 8 such secession. The time during which any such cause may have 9 been pending in that court shall not be included in computing the 10 time limited for taking such appeal or writ of error. 1 Sec. 8. In all cases in which the time limited for taking an 2 appeal or writ of error to the Supreme Court of the United States 3 or the Confederate States has expired since the secession of the 4 State in which the cause was determined or shall expire within 5 two years from this date, further time for taking the same shall 6 be allowed until the expiration of two years after the passage of 7 this act. 1 Sec. 9 Except in cases in which a mandate has been received 2 by a district court, as comtemplated in the forty-ninth section of 3 the act " to establish the judicial courts of the Confederate States 4 of America," approved March 16th, 1861, all decrees and judg- 5 ments of the Supreme Court of the United States, rendered before 6 the secession of a State, in causes orijrinally determined in such 7 State, and which now remain in force and not executed, may be 4 8 carried into execution as if they were judgments of the court 9 hereby organized, under the order, direction and process of the 10 Supreme Court, and for that purpose, if necessary, the court may 1 1 cause the tenor, substance or effect of such judgment and decrees 12 to be proved, under such rules as it may establish, as in case of a 13 record lost or destroyed, and upon such proof, if sufficient, may 14 cause any such judgment or decree to be carried into execution^ 15 as aforesaid