Page:United States Statutes at Large Volume 20.djvu/318

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FORTY-FIFTH CONGRESS. Sess. III. C11. 82. 1879. 293 Rio Grande, Saguache, Gunnison, Hinsdale, San Juan, Ouray, and La Plata, together with all that part of the Ute Indian reservation lying south of the thirty-ninth degree of north latitude in said State. shall constitute the western diiision, and a regular term of said couit for said division shall be held annually at Del Norte, to commence on the first Term at Del Tuesday i11 August; and the residue of the State of Colorado shall con- N°€*°· _ _ stitute the northern division, and two regular terms of said court for said ,05 °"h°m dw"' division shall be held annually at Denver, to commence on the first Tues- rem at D€,m,r_ day in May and on the first Tuesday in October. And should the judge Adjournment. 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, Intermediate from any cause, shall fail to hold a regular term of said court for either termsof 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 co1n·t, 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 whatsoever, 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 noth- _ Venue_of transing herein contained shall prevent the said district court from regulating, **°*‘5' ¤°¤°¤S~ by general rule, the venue of transitory actions either i11 law or in equity, and from changing the same for a good cause to be shown. SBC. 3. That all issues now pending in the said district court shall be Pending issuestricd 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 Returns or pm. said district court shall be avoided or impaired by this change of the G055- 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 eifect accordingly ; and all continuances may be made to conform to the provisions of this act. Sec. 4. That all suits and proceedings hereafter to be brought in the Ywuc i¤ GNU said district court, not of a local nature, shall be brought in a court of Sm"- the division of the district where the defendant resides; but if there be more than one defendant, and they reside in diilerent divisions of the district, the plaintiff may sue in either diiision, 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. SBU. 5. The clerk of the district court for the district of Colorado Deputy clerks. 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 C1erk’s omco. 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 court that is or may be given to the clerks of said district courts in like cases.