Page:United States Statutes at Large Volume 34 Part 1.djvu/639

 FlFTY—NINTH CONGRESS. Sess. I. Ch. 3595. 1906. 609 _G§AP. 3595.-An Act To amend an Act entitled "An Act to di ·i e h' ia June 29, . of N011h Dakota," approved April twenty-sixth, eightedndhiindrgdildlsnd [Pu? b ic, N o. 341.] Be it enacted by the Senate and House of liepresentatvives of the United States pif America in Oongre.s.s· assembled, That the act entitled "An Unim ¤¤¤¤=¤ ¤<>¤r¤- Act to 1_vide the judicial district of 'North Dakota,” a proved April ¤1»h°¢ii:mD¤ii°“ludf twténpy-sixth, eighteen hundred and ninety, be amended so as to read V°l‘”* p' 67* as o lows: · “ That the State of ,North Dakota shall constitute one 'udicial district. FM divisivns j" Sec. 2. That for the purpose of holding terms of the district court sand district shall be divided into five divisions, to be known as the southwestern, southeastern, northeastern, northwestern, and western divisions, That portion of the State comprising the present counties S°“““'°¤°°m- of Burleigh, Stutsman, Logan, McIntosh, Emmons, Kidder, Foster VV_ells, McLean, and all the territory in said State of North Dakotd lying west of the Missouri River and south of the twelfth standard. parallel shall constitute the southwestern division, the court for which shall be held at the city of Bismarck. That portion of the State S°““*°**°*°m· comprising the present counties of Cass, Richland, Barnes, Dickey, Saigpnt, Lamoure, Ransom, Gri gs, and Steele shall constitute the sout eastern division, the court ger which shall be held at the city of Fargo. That rtion of the State com rising the present counties of N°'"’°°'°°'¤~ Grand Forks, Tiiaill, Walsh, Pembina, Cavalier, and Nelson shall constitute the northeastern division, the court for which shall be held at the city of Grand Forks. That rtion of the State comprising the N°"““'°*’°'¤· present counties of Ramsey, Eddy, Benson, Towner, Rolette, Bottineau, Pierce, and McHenry shall constitute the northwestern division, the court for which shall be held at the city of Devils Lake. That Wemrnndded. portion of the State comprising the present counties of Ward and Wil- ¤1Y°l'2°’ p'°8’ mm` iams and all that territory lying west of the Missouri River and north of the twelfth standard parallel in the State of North Dakota shall. constitute the western division, the court for which shall be held at the city of Minot. “Sec. 3. That the terms of the district court for the district of '*`°'P*¤ °* °*¤*¤‘*¤¤ North Dakota shall be held at Bismarck on the first Tuesday in March com' mm` in each year; at Fargo on the third Tuesday in Mav in each vear; at Grand Forks on the second Tuesday in November in each year; at E Devils Lake on the first Tuesday in July in each year, and at Minot on the second Tuesday in October in each year. And the provisions Vol. 26. p. 68. re of law now existing for the holding of said court on the tirst Mond.._y *’°‘"°°‘ in April and November of each year is hereby repealed, and all suits, prosecutions and processes. rccogznizunces, bail bonds, and other pro- Tmmmor pending ecedings of whateyer nature pending in or returnable to said court on °°“°" the days last named are hereby transferred to and shall be made returnable to and have force in the said respective terms provided in this Act in the same manner and with the same effect 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, CM! me ¤<>¢ of ¤ which shall be brought in the district or circuit courts of the United °m°mmm' 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 in either division, and all mesne and final process subject to the provisions of this Act, issued in either of said divisions, may be served 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. vox. xxxiv. rr I--39