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thirty-ninth degree of north latitude in said State, shall constitute the western division, and a regular term of said court for said division shall be held annually at Del Norte, to commence on the first Tuesday in August; and the residue of the State of Colorado shall constitute the northern division, and two regular ternis of said court for said division shall be held annually at Denver, to commence on the first Tuesday in May and on the first Tuesday in October. And should the judge of said district court fail to attend at the time and place of holding any one of the regular terms of the court for either of the said divisions of the aforesaid district, before the close of the fourth day of any such term, the business pending in such court shall stand adjourned to the next regular term thereof: Provided, That whenever the judge of said court, from any cause, shall fail to hold a regular term of said court for either of said divisions, it shall be his duty, if in his opinion the business in said court shall require, to hold an intermediate term of said court, at such time as he shall, by his order in writing, direct, addressed to the clerk and marshal of said court, at least thirty days previous to the commencement of said term, and to be published in the several newspapers published in the bounds of said divisions, the same length of time; and at any and all such intermediate terms the business of any such courts, of every nature and description whatsover, shall have · reference to, and be proceeded with, in the same manner as if the same were a regular term of the said court. And all issues of fact shall be tried at a term of said court to be held in the division where such suit should hereafter be commenced, in accordance with the third section of this act. But nothing herein contained shall prevent the said district court from regulating, by general rule, the venue of transitory actions either in law or in equity, and from changing the same for a good cause to be shown.
SEC. 3. Pending issues--returns of process. That all issues now pending in the said district court shall be tried at the places above prescribed for holding such court within the division where the cause of action may have arisen, unless. otherwise ordered by said court, in pursuance of the authority given in the first section of this act; and no process issued or proceedings pending in the said district court shall be avoided or impaired by this change of the time and place of holding such court; but all process, bail bonds, and recognizances, returnable at the next term of the said court, shall be returnable and returned to the court next held at the appropriate place, according to this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly; and all continuances may be made to conform to the provisions of this act.
Sec. 4. Venue in civil suits,--That all suits and proceedings hereafter to be brought in the said district court, 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. 5. Deputy clerks--clerk's office.—The clerk of the district court for the district of Colorado shall appoint a deputy clerk for said court held at Pueblo and a deputy clerk for said court held at Del Norte, who shall reside and keep their offices at said places respectively. And the said clerk shall reside and keep his office at Denver. Each deputy shall keep in his office full records of all actions and proceedings in the district court held at the same place, and shall have the same power to issue all process from the said conrt that is or may be given to the clerks of said district courts in like cases.
Sec. 6. District attorney and marshal-deputy.That the district attorney and marshal of the district of Colo
rado shall respectively perform the duties of district attorney and marshal of and for the southern, western and northern divisions of the district of Colorado as established by this act; and the said marshal shall keep an office and deputy at each of the places where the sessions of the said district court are directed to be held.
Sec. 7. Concurrent jurisdiction-error and appeals.That in addition to the ordinary jurisdiction and powers of a district court of the United States with which the district court of Colorado has been invested, it be, and is hereby, invested, within the limits of the said southern and western divisions of same with the exercise of concurrent jurisdiction and power, in all civil cases, now exercised by the circuit courts of the United States; and that in all cases where said court shall exercise such jurisdiction, writs of error and appeals shall be allowed and taken from the judgment, orders, or decrees of said court to the supreme court of the United States, in the same manner and upon the same conditions as appeals may be taken from the circuit courts.
Sec. 8. Venue in criminal causes-juries.-Any person charged with violating any of the penal or criminal statutes of the United States of which the said district court has jurisdiction shall be proceeded against, by indictment or otherwise, within the division of said district wherein the alleged offense was committed, and shall have his or her trial at a term of the said district court held in the said division, unless for cause shown the judge shall otherwise direct; and grand and petit juries shall be summoned for the several terms of said district court in manner as is now, or may be, provided by law; and jurors shall be selected and drawn from the division of the said district in which they reside and in which the term of the said district court to which they are summoned is held.
Sec. 9. Terms of circuit court at Denver-juries.A term of the circuit court of the eighth judicial circuit shall be held at Denver, in said State, upon the first Tuesday in
May and the first Tuesday in October in each year. One grand jury and one petit jury shall be summoned, and serve in both the said circuit and district courts, the terms of which are to be held in Denver.
Sec. 10. Repeals.-All ‘acts and parts of acts in conflict with this act are hereby repealed.
Approved, February 15, 1879.
CHAP. 58.–An Act to provide for the establishment of terms of court
in the district of Colorado. SEC. 1. United States circuit and district courts in Colorado-terms — where held.-Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That terms of the circuit and district courts of the United States for the district of Colorado, shall be held at the times and places hereinafter designated, namely: At Denver on the first Tuesday in May and first Tuesday in October in each year; at Pueblo on the first Tuesday in March in each year; at Del Norte on the first Tuesday in September in each year.
Sec. 2. Jurors. When the terms of the said circuit and district courts shall be held at the same time and place, grand and petit jurors summoned to attend in either of said courts may serve in the other of said courts, and but one grand or petit jury shall be summoned to attend on said courts at one and the same time; but this provision shall not prevent either of said courts from procuring the attendance of several panels of jurors successively, as the business of the courts may require.
1879, Ch. 82, 20 Stat., 292.. SEC. 3. Records-where kept-actions-final hear. ing.-The records in the district court in the several divisions of the district of Colorado, as declared by the act approved February fifteenth, eighteen hundred and seventy-nine, entitled "An Act to provide for holding terms of the circuit and district court in the district of Colorado," shall be kept and retained in the clerk's office of the district court of Colorado; and the district court, sitting at the places mentioned in this act, respectively, shall have jurisdictions of actions, civil and criminal, heretofore brought and now pending at any such place. Actions, suits, and proceedings pending and undetermined in the district court, for the southern and western divisions, as declared by said act, of which a circuit court has jurisdiction exclusive of the district court, may be certified into the circuit court sitting at the same place for further proceedings therein, and for final hearing or trial thereof.
SEC. 4. Repeal-effect of repeal. The act mentioned in the last section is repealed, but such repeal shall not affect the power of the courts to proceed according to the terms thereof in any action, suit, or proceeding now pending therein and undetermined, or according to the terms of this act.
Approved, April 20, 1880.
CONNECTICUT. In the district of Connecticut, at New Haven, on the fourth Tuesday in February; at Hartford, on the fourth Tuesday in May; at New Haven, on the fourth Tuesday in August, and at Hartford on the first Tuesday in December.
24 Sept., 1789, c. 20, s. 3, v. 1, p. 74; 6 Feb., 1812, c. 20, v. 2, p. 676. Ch. 49, June 30, 1879, p. 41.
In the district of Delaware, at Wilmington, on the second Tuesday in January, April, June, and September.
10 May, 1852, c. 33, s. 1, v. 10, p. 5; 14 June, 1856, c. 45, s. 1, v. 11, p. 22.
FLORIDA. In the northern district of Florida, at Tallahassee, on the first Monday in February, at Pensacola, on the first Monday in March, and at Jacksonville, on the first Monday in December.
In the southern district of Florida, at Key West, on the first