Page:United States Statutes at Large Volume 22.djvu/129

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

102 ronrr-snvnnrn conennss. sms. 1. cu. 218. issz. shall continue twenty-fourjndicinl days, if the business so long require; that there shall also be in each year two terms of the United States dis- Terms of com-t trict court for the western division, to be styled “ the district court of for western GMS- the United States for the western division of the northern Judicialdis- 8*;*5 Li b° Nm ““ trict of Mississippi! held at the town of Oxford, in said western dwis- ° ion, to on the iigst M0ndays of Jrine and i)eEe1n he;·, a;1d to coné . tiuue so on as e usmess me requ1re~ a. e is ric Ju ge o the United Sigtates for the State of 1{Iississipni is hereby required to hold Jm-ies. the courts aforesaid. J uries shall be summoned for the additional courts hereby created as now provided by law for the summoning of juries in said northern district. 8¤i¢¤· Sec. 3. That hereafter all suits to be brought in either of said courts, not of a. local nature, shall be brought in the division where the defendants, or either of them, reside; but if there be more than one defendant, and they reside in diiierent divisions, on any of them reside in the southernfudicial district of Iississippi, the p ainti may sue in eit er ivision 01"district, and send duplicate writs to the other division or district, directed to the marshal of the district where hegr they may residegsn which said writs shall be indorsed by the p ainf , or is attorney, at the same is o duplicate of the original writ sued out of the district court of the proper division or district; but whenever aédefenilnnt is s; 1ed 0ut of the division of his residence, an is not join wi a coe e en ant whose residence is in the division where the suit isbrought, he muy, before pleading therein on motion and on aiiidavit of the division of his Transfer or residence, change the venue to the court of the division of his residence, vnunet which suit shall stand for trial at the first term of the court to which the venue may be so changed; but any cause may, by written consent of both ginrcies or their attorneys of record, be transferred 30 the court of; either 'vision, With0{1t'l‘Bg3l’(1 to the 'vision of the residence 0 the ( eien - ants, and whether such cause be now pending or be instituted hereafter. Clerk of north· Sec. 4. That the clerk of the northern judicial district of Mississippi WP j“*“°*°‘ *1*** shall be sole clerk of the courts of both divisions of the said district, to

';
t;°0l}°b‘f}fhTkd‘{{ be appointed in the ma-mier now prescribed by law; that the said clerk,

q;,,;,,¤,_ or his deputies, shall reside at each of the places of holding said courts, Denuty clerks. and shall there keep nn office, and the records; tiles, and documents per- £°°*d°¤°°~ tzining toghe com; of that division; and said clerk shall be entitled to °°°· the same ees new · iowed to him y law. In ad ition to his powers to appoint deputies as now prescribed by law, said clerk shall be required Chief deputy to appoint a chief: deputy for the court of that division in which he ¢=!¢¤k- himself may not reside, who shall have all the powers of the clerk in his absence, and shall reside at the place of holding the court for the other division where the chief clerk does not reside. M§¤‘¤1¤l· Sec. 5. That the marshal and the district attorney for the northern MD‘““""“ ’**°"‘ judicial district of Mississippi shall, respectively, be the marshal and y' the district attorney for the eastern and western divisions of said north- Fees- ern district, and shall be allowed the same fees (except as hereina.t'te1· provided for said district attorney), and be subject to the same duties Process; bow di- and liabilities, as now provided by law; that process issuing from the

3°d Md °*°* guts orfnngr digision of said northerr; district; shall be directed t0

‘ e mars a o said nort ern istrict an mn executed b iiin or his deputies upon the party or partie; for whosg issued, wherevir iound in said northern district; and said marshal shall have un office and at · least one general deputy residing at the place of holding court in each division, unless he shall reside there himséltl Trgmsfer or pro· 81:0.0. Thntoll causes and proceedings in law, equity, or bankruptcy °°°"”*8”» °*°· new pending in the district court of the northern district of Mississippi, where all the defendants (or the plaintiffs, where the jurisdiction is derived from the residence of the pinintiifs within the district) shall reside in the eastern division of said district, shall be transferred to the court of such eastern division of said northern district, said transfer to be mwe m vocation or in ternrtinie; if made in vacation, only on sm ndidnvit ot all the parties deiendnnt that they are resident in said eastern