Page:United States Statutes at Large Volume 11.djvu/218

 198 THIRTY-FOURTH CONGRESS. Sess. III. Ch. 100. 1857. geggfkggistfict of Missouri, and which would have been commenced in the said eastern Sdistrict if this act had been in force before the commencement of said suit, the district court for said western district may, and if all parties consent, shall order that the same be removed for further proceedings to the district court for the said eastern district; and thereupon the clerk of the district court for said western district shall transmit all the papers in the cause, with a transcript of the order of the removal, to the clerk of the district court of said eastern district, and all further proceedings shall be had in said court as if the suit had been originally commenced therein. _ Present district Sec. 5. And be it farther enacted, That the present judge of the disj,'?°';:° l:g;;‘;§; trict of Missotui, be and he is hereby assigned to hold said district court dim-ict, in and for the western district of Missouri, and shall exercise the same jurisdiction and perform the same ·duties within said western district as he now exercises and performs within his presenrdistrict. Process. Suc. 6. And be it further enacted, That final process upon any judgment or decree entered in the district court of the United States for the district of Missouri, and all other process for the enforcement of any order of said court, in any cause now pending therein, except causes removed as hereinbefore provided shall be issued from and made returnable to the district court for said western district of Missouri, and may rtfin and be executed by the marshal of said western district, in any part 0 said State. Judgetor east- Sec. 7. And be it further enacted, That the office of district judge of
 * ‘;g:L`£* t° b° said eastern district of Missouri, be and the same is hereby created, and

a fit person shall be appointed such district judge, who shall exercise the same jurisdiction and perform the same duties within said eastern district as the district judge of the present district of Missouri now exercises and performs within his present district. And the district judge of said east- $¤·1¤Y· ern district shall be entitled to an annual salary of three thousand dollars, _ _ and the judge of the western district the salary now provided by law. noD*iE2b$t;%*E Sec. 8. And be it further enacted, That the present district attorney cl§,!k_ for the district of Missouri shall be the district attorney for the said eastern district; the present marshal for the district of Missouri shall be marshal for said eastern district; and the present clerk of the district court for the district of Missouri shall be clerk of the district court for said western district. Same subject. Sec. 9. And be it further enacted, That there be appointed a district attorney and a marshal for said western district; and a clerk of the district court for said eastern district shall be appointed by the judge thereof Gi1‘9¤il= Q<>¤¤‘f Sec. 10. And be it further enacted, That the circuit court of the f" M‘”°""' United States in and for the present district of Missouri, shall be begun and held at the same times and place as heretofore; it shall in all things retain jurisdiction of all matters now pending therein, and have and exercise the same original jurisdiction in said State as is vested in the several circuit courts of the United States, as organized under existing laws, _,m.,S(u0t,0¤_ and shall also have and exercise the same appellate jurisdiction over the district courts of the United States for said eastern and western districts of Missouri as by existing laws is vested in the several circuit courts of the United States over the district courts of the United States, in their respective circuits. Said circuit court shall be called the circuit court in and for the districts of Missouri, and shall be composed of the justice of the supreme court assigned to said circuit and the two judges of the eastern and western districts of Missouri, but may be held by any one or By whom nam, more of said three judges in the absence of the remainder. Said justice of the supreme court, or in his absence, the oldest in commission of said two district judges, shall be the presiding judge of said circuit court; and in case of any division of opinion among the judges of said circuit court, the opinion of the presiding judge shall prevail and be the judg-