Page:United States Statutes at Large Volume 26.djvu/122

 68 FIFTY-FIRST CONGRESS. Sess. I. Ch. 161. 1890. Griggs and Steele shall constitute the Southeastern Division, the umuumm. court for which shall be held at the city of Far o. That pprtion of the State comprising the present counties of grand For, Traill, Walsh, Penibina, Cavalier, and Nelson shall constitute the North· . eastern Division, the court for which shall be held at the city of Nertbwutnm Grand Forks. That portion of the State compgsing the present counties of Ramsey, `ddy, Benson, Towner, lette, Bottineau, Pierce, McHenry, and Ward, and all the territory in said State of North Dakota lying north of the said Southwestern Division, shall constitute the orthwestern Division, the court for which shall be held at the city of Devil’s Lake. Targus o! district SEC; 3. That the terms of the district court for the district of North °°“"* *"'“"" Dakota shall be held at Bismarck on the first Tuesday of April in ‘ each (year; at Fargo on the third Tuesday of May in each year- at Gran Forks on the first Tuesday of December in each year, and at Devil’s Lake on the first Tuesday of Februar in each year. And Iinepajo cr umn; the provisions of law now existing for the holdingof said court on ¥:,f',;,, fg the hrst Monday in April and November of each year is hereby repgaled, and all suits, prosecutions and processes, recognizances, bail nds, and other proceedings of whatever nature pending in or re- “:•·•¤n¤ at cams. turnable to said court on the days last named are hereby transferred to and shall be made returnable toand have force in the said respective terms lprovided in this act in the same manner and with the same eiect as they would have had had this act not been passed. ·¥¤¤*•¤*¤¤¤¤- Sec. 4. That all civil suits not of a local character now pending or · which shall be brought in the district or circuit courts of the United States for the district of North Dakota, in either of the said divisions against a single defendant, or where all the defendants reside in the same divisions of said district, shall be brought in the division in which the defendant or defendants reside, or, if there are two or more defendants residing in different divisions, such suit may be brought sa-uugaunnpne in either division, and all mesue and iinaldprocess subject to the pro- "‘*"‘°‘ visions of this act, issued in either of said divisions, may be served ¥¤¤¤·¤¤u cffnctcvwv and executed in either or all of said divisions. All issues of fact in ' civil causes triable in any of the said courts shall be tried in the division where the defendant or one of the defendants reside, unless by consent of both parties the case shall be removed to some other division. ’l'¤r¤¤ of circuit Sec. 5. That the circuit court of the United States for said district °°""`shall be held at Bismarck on the first Tuesday of April in each year, · and at Fargo on the third Tuesday of Mayoin each year, and at Grand Forks on the first Tuesday o Decem r in each year, and at Devil’s Lake on the first Tuesday of February of each year; and 0f2P"?;'- •¤¤ •¤‘*¤ cases taken on aplpeal or writ of error from the District Court shall ' ‘ be returnable to t ie Circuit Court held in that judicial sub-division from which the appeal was taken. Wlien the Circuit Court and District Court is he d, as provided in this act, at the same time and Ju-na. place, one grand and one petit jury only shall be summoned and serve in both said courts. Avl;°f¤h*r:¢¤°¤f¤* SEG 6. That the clerk of the circuit and district courts for said ww district shall each appoint a de uty clerk at the place where their respective courts are re uired to he held in the division of the district in which such clerk shall] not himself reside, each of whom shall, in the absence of the clerk, exercise all the powers and erform all the duties of clerk within the division for which he shallpbe appointed: Pmviw. Provided, That the appointment of such deputies shall be approved Snb-l°°°, 2;*; i¤*“°*¤* by the court for whic they shall have been respectively appointed, 'and may be annulled by such court at its {pleasure, and the clerks shall be responsible for the olhcial acts an negligence of all such deputies Approved, April 26, 1890.