Judiciary Act

The name ordinarily given to Act Cong. Sept. 24, 1789, establishing the system of federal courts. JUDICIIS POSTERIORIBUS FIDES EST adhlbenda. Faith or credit is to be given to the later decisions. 13 Coke, 14, JUOICIS EST IN PRONUNTIANOO 8Equi regi Ulam, exceptione non probata. The judge in his decision ought tp follow the rule, when the exception is not proved. JUDICIS EST JUDICARE SECUNDUM allegata et probata. A judge ought to decide according to the allegations and proofs. Dyer, 12a; Halk. Max. 73.

The act of congress of September 24, 1789, establishing the federal courts of the United States. This act, of which the authorship is attributed to Oliver Ellsworth, long remained in force without substantial change, save in the extension of the system as required by the growth of the nation. Its provisions are embodied in the Revised Statutes. It has been called one of the wisest, most sagacious, and thoroughly considered legislative enactments in the history of the law; Jones v. Foreman, 66 Ga. 871, 873. "The wisdom and forethought with which it was drawn have been the admiration of succeeding generations. And so well was it done that it remains to the present day, with a few unimportant changes, the foundation of our system of judicature, and the law which confers, governs, controls, and limits the powers of all the federal courts, except the Supreme court, and which largely regulates the exercise of its powers." U. S. v. Holliday, 3 Wall. (U. S.) 407, 414, 18 L. Ed. 182. Numerous amendments have been passed from time to time, the most important of which were the acts of March 3, 1875, and March 3, 1887, amended August 13, 1888. The act of March 3, 1891, created the circuit courts of appeals; and the system of federal courts was greatly changed by the new Judicial Code, enacted March 3, 1911, and in effect on January 1, 1912. See United States Courts.

The name ecommonly given to the act of congress of September 24, 1789, (1 St. at Large, 78,) by which the system of federal courts was organized, and their powers and jurisdiction defined. Judiciis posterioribus fides est adhibenda. Faith or credit is to be given to the later judgments. 15 Coke, 14.