Page:United States Statutes at Large Volume 34 Part 1.djvu/1029

 F[Fl`Y—NINTH CONGRESS. Sess. 1I. Ch. 2073. 1907. 999 provided by the city or county where such court is held without any ' expense to the United States. _ Ec. 6. That the clerks of the circuit and district courts of said dis- u{*l§{g}';;m°¤*°*·*·P· trict shall appoint deputy clerks at places where court is required to Y be held in the divisions of said district in which the clerk himself does not reside, who shall keep their offices and reside at the places appointed for the holding of said courts in the division of such residence and who shall keep the records of such courts in such division, and in the absence af tgp clerk Fhalllixirghise all of the officiallpowegs of the clerk within e `vision or w ic e are appointed: avi ed, That the a int- P’°""°· 6. ment of each dgputy shalllbe approved b the court he represehtsoand pciglihteviicigicriv P- may be remov by said court at its pleasure. The clerk shall be responsible for the ofricial acts and negli ence of his deputies. . Sec. 7. That all civil actions not of agiocal nature, against a single ·{,,“§§§"jf,}{j“,,0, 0, _ defendant, must be brought in the division where said defendant Kwai umu-¤. resides; but if there are two or more defendants residing in diiierent divisions of said district the plaintiff may sue in any division in which a defendant resides, and all issues arising in such suit shall be tried in such division unless by consent of the parties, with the approval of the court, the case shall be removed to some other division. Sec. 8. That all civil actions of a local nature at law or in equity °i'1°“1'"""'°‘ shall be brought in the division where the subject-matter of the action is located; and where any such action is properly brought in such division and the defendant resides in a different division in said district from that in which the action is brought, the plaintiff may have original and final process against said defendant directed to the marshal of said district. Any such action, at law or in equigy, where the land or other subject-matter lies partly in one division an partly in another within said district, may be brought in any division where any part of the land or other subject-matter of the action is situated. _ Sec. 9. That all prosecutions for crimes or offenses committed after ,,,.{,f§,f§,$f"‘°“ °‘ the passa e of this Act shall be cognizable only in the division of the district vghere the same was committed, unless the court, upon application of the defendant for good cause shown, shall order that the cause be removed for trial to another division of the district, and such application may be made to a court when sitting in any division in said district upon such notice to the prosecution as the court may require. Sue. 10. That all petit jurors summoned for service in any division *’*°*°l“*°¤· shall be residents of such division. At or about the time for the selecting of a petit jury for any term of court in any division, if it shall be made to appear to the satisfaction of a district judge of said district that there is no liti tion for trial at such coming term of court in such division in wTich there are issues triahle to a jury, said judge may order that no jury be summoned for said term in said division. . Sac, 11. That unless otherwise ordered by the district court, grand “’““‘**‘“'*°* juries in said district shall sit in the Omaha division and the Lincoln division Only, The grand (jury sitting in the Omaha division shall take Si*¤¤8¤·0¤¤•¤¤— cognizance and have juris iction of all crimes and olienses committed in the territory comprising the Omaha division, the Norfolk division, the Grand Island division, the North Platte division, and the Chadron division, and such grand jurors shall be drawn from the territory com- _ prising said divisions. The gfilld jul‘y_Sltl3lllg in the Lincoln division L’“°°l“· shall take cognizance and have jurisdiction of all crimes and olienses committed in the territory comslrising the Lincoln division, the Hastings division, and the McCook `vision, andsuch grand jurors shall be T _ { drawn from the territory comprising said divisions. The foreman of '“”‘"° *"°°°“‘ each grand jurv shall indorse upon each indictment found the name of the division in `which the crime or offense was committed; and if such crime or offense was committed in any division other than the division