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of transitory actions, either in law or in equity, and from changing the same for cause.
Sec. 3. Suits, where to be brought. -That all suits and
trict courts, not of a local nature, shall be brought in a court of the division of the district where the defendant resides; but if there be more than one defendant, and they reside in different divisions of the district, the plaintiff may sue in either division and send duplicate writ or writs to the other defendants, on which the plaintiff or his attorney shall indorse that the writ thus sent is a copy of a writ sued out of a court of the proper division of the said district; and the said writs when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly.
SEC. 4. Clerk's office in western district, deputy clerk.-The clerk of the circuit and district court for the western district of Michigan shall reside and keep his office at Grand Rapids, and shall also appoint a deputy clerk for said court held at Marquette, who shall reside and keep his office at that place; and said deputy clerk shall keep in his office full records of all actions and proceedings in the said circuit and district courts for the northern division of said district held at that place, and shall have the same power to issue all processes from the said courts, and perform any other duty that is or may be given to the clerks of other circuit and district courts in like cases.
Sec. 5. District attorney and marshal-deputy marshal at Marquette.—That the district attorney and marshal of the said western district of Michigan shall respectively perform the duties of district attorney and marshal for the southern and northern divisions of said district as established by this act. The marshal of said district shall keep an office and a deputy marshal at Marquette in the northern division of said district.
SEC. 6. Criminal causes, where to be tried—juries. ' Any person charged with violating any of the penal or criminal statutes of the United States, of which the said circuit or district courts have jurisdiction, shall be proceeded against by indictment or otherwise, within the division of said district where the alleged offense or offenses shall be committed, and shall have his or her trial at a term of the said court held in said division, unless for cause shown, the judge shall otherwise direct; and one grand and one petit jury only shall be summoned, and serve in both said courts at each term thereof; and jurors shall be selected and drawn from the division of the said district in which they reside and in which the terms of the said circuit and district courts to which they are summoned are held.
Sec. 7. Pending causes in eastern district.—This act shall not affect, or in any wise interfere with, causes of action now pending in the circuit and district courts for the eastern district of Michigan, but the same may be proceeded with in the same manner as though this act had not been passed: Provided, however, That upon cause shown, the circuit and district courts for the eastern district may transfer civil canses arising in that portion of said district detached therefrom by this act to the circuit and district courts for the northern division of the western district of Michigan, provided for in this act. The circuit and district courts for the eastern district of Michigan shall continue to have the same jurisdiction in reference to all crimes and offenses committed prior to the passage of this act in any portion of the State of Michigan, by this act detached from said eastern district and attached to said western district.
SEC. 8. Repeals.-All provisions of law in conflict with this act are hereby repealed.
Sec. 9. Terms at Port Huron.-There shall be one or more terms of the district court for the eastern district of Michigan, held annually at the United States court-room in
the city of Port Huron in said district, in the discretion of the judge of said district court, and at such times as he shall appoint therefor.
Approved, June 19, 1878.
MISSISSIPPI. Sec. 539. The State of Mississippi is divided into two districts, which shall be called the northern and southern districts of Mississippi. The northern district includes the counties of Noxubee, Winston, Attala, Carroll, Bolivar, Coahoma, Funica, De Soto, Marshall, Tippah, Tishemingo, Itawaniba, Monroe, Lowndes, Oktibbeha, Choctaw, Yalabusha, Tallahatchee, Panola, La Fayette, Pontotoc and Chickasaw, as they existed June 18, 1838. The southern district includes the residue of said State. 18 June, 1838, c. 115, s. 1, v. 5, p. 247.
MISSOURI. SEC. 540. [The State of Missouri is divided into two districts, which shall be called the eastern and western districts of Missouri. The eastern district includes the counties of Schuyler, Adair, Knox, Shelby, Monroe, Montgomery, Gasconade, Franklin, Washington, Reynolds, Shannon, and Oregon, as they existed January 1, 1857, with all the counties east of them. The western district includes the residue of said State.]
3 March, 1857, c. 100, s. 1, v. 11, p. 197; c. 51, April 8, 1878, p. 35. See ch. 20, Jan. 1879, following.
CHAP. 20.--An Act to divide the western district of Missouri into two di
visions, and to prescribe the times and places for holding courts therein,
and for other purposes. Missouri-western district divided into two judicial divisions.-Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, The western district of Missouri is hereby divided into two divisions, which shall be known as the eastern and western divisions of the western district of Missouri. The western
division shall include the counties of Andrew, Atchison, Barton, Bates, Buchanan, Caldwell, Carroll, Cass, Chariton, Clay, Clinton, Daviess, De Kalb, Gentry, Grundy, Harrison, Holt, Jackson, Jasper, La Fayette, Linn, Livingston, Mercer, Nodaway, Platte, Putnam, Ray, Saline, Sullivan, Vernon and Worth; and a term of the district court and circuit court of the United States for said district shall be held therein at the city of Kansas, on the.third Monday in May and the third Monday in October of each year. The remaining counties embraced in said district shall constitute the eastern division thereof, and the terms of the district and circuit courts of the United States for said district shall be held therein at the times and place now prescribed by law.
SEC. 2. Offenses, where triable,-All offenses hereafter committed in either of said divisions shall be cognizable and indictable within the division where committed; and all grand and petit jurors summoned for service in each division shall be inhabitants thereof. And all offenses heretofore committed within said district shall be prosecuted and tried as if this act had not passed.
SEC. 3. Civil suits, where to be brought.-All civil suits not of a local character which shall be hereafter brought in the district or circuit courts of the United States for the western district of Missouri in either of said divisions, against a single defendant, or where all the defendants reside in the same division of said district, shall be brought in the division in which the defendant or defendants reside; but if there are two or more defendants residing in different divisions, such snit may be brought in either division, and all mesne and final process subject to the provisions of this act, issued in either of said divisions, may be served and executed in either or both of the divisions.
Sec. 4. Deputy clerk for each division.:-The clerks of the circuit and district courts for said district shall each appoint a deputy clerk at the place where their respective courts
are required to be held in the division of the district in which such clerk shall not himself reside, each of whom shall, in the absence of the clerk, exercise all the powers and perform all the duties of clerk within the division for which he shall be appointed: Provided, That the appointment of such deputies shall be approved by the court for which they shall be respectively appointed, and may be annulled by such court at its pleasure. And the clerk shall be responsible for the official acts and neglects of all such deputies.
SEC. 5. Transfer of pending civil suits.-All civil suits and proceedings now pending in the Circuit or District Court of said western district of Missouri, and which would, if instituted after the passage of this act, be required to be brought in the western division of said district, may be transferred by consent of all the parties, to said western division of said district, and there disposed of in the same manner and with like effect as if the same had been there instituted; and all process, writs and recognizances relating to such suits and proceedings so transferred shall be considered as belonging to the term of the court in the western division of said district, in the same manner and with like effect as if they had been issued or taken in reference thereto originally. Approved, January 21, 1879.
NEBRASKA. CHAP. 315.-An Act to provide for the holding of a term of the district
and circuit courts of the United States at Lincoln, Nebraska. Terms of courts in-juries.-Be it enacted by the Senate und House of Representatives of the United States of America in Congress assembled, That there shall be one term of the United States district and circuit courts for the district of Nebraska, held in the city of Lincoln, Nebraska, on the first Monday of January in each year from and after the passage of this act; and one grand jury and one petit jury only shall be summoned and serve in both of said courts at each term thereof.
Approved, June 19, 1878.