Page:United States Statutes at Large Volume 20.djvu/201

From Wikisource
Jump to: navigation, search
This page needs to be proofread.

176 FORTY-FIFTH CON GRESS. Sess. II. Orr. 326. 1878. Divisivrl l><>¤¤d- The southern division shall comprise all that portion of said district °"“’°· lying and being in the lower peninsula. of said State, and the northern division of said district shall comprise all the territory and waters of Terms of court, the entire upper peninsula of said State; and there shall be two regular “ terms of the circuit and district courts begun and held in each of the divisions of said western district annually. The regular terms of the circuit and district courts in said southern division shall be held at the city of Grand Rapids, commencing on the first Tuesdays of March and October in each year. The regular terms of the circuit and district courts in said northern division shall be held at the city of Marquette, commencing upon the first Tuesdays of May and September in each year. Issues of fact, And all issues of fact shall be tried at the terms of said courts to be whew ¤i=¤bi¢>· held in the division where such suits shall hereafter be commenced; but nothing herein contained shall prevent the said circuit and district Venue. courts from regulating by general rule the venue of trausitclry actions, _ either in law or in equity, and from changing the same for cause. $*1***% WING to Sec. 3. That all suits and proceedings hereafter to be brought in the b° l”°“ght‘ said circuit or district 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 divisions and send duplicate writ or writs to the other defendants, on which the plaintiff or his attorney shall endorse 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. Clsrlrs emce in Sec. 4. The clerk of the circuit and district courts for the western dis- Weelml di**’i°*· trict of Michigan shall reside and keep his office at Grand Rapids, and Deputy clerk. shall also appoint a deputy clerk for said courts 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. DiSffi¤¢¤f*¤¤'¤¤y Sec. 5. That the district attorney and lnarshal of the said western 'md ‘“‘“`“h“1‘ district of Michigan shall respectively perform the duties of district attorney and marshal for the southern and northern divisions of said Dvlmty ¤¤¤r¤h¤1 district as established by this act. The marshal of said district shall “* M’"‘l“°“°· keep an office and a deputy marshal at Marquette in the nortern division of said district. Criminal ¢¤51¤¤¤, Sec. 6. Any person charged with violating any of the penal or crimi- "h°"’ *° b*’ "‘°d· nal 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 odense or oilenses 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 Juries. 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. ' Pending pauses Sec. 7. This act shall not affect or in a.ny‘wise interfere with causes m °”*°’“ d‘““`*°*· 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 causes arising ill 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