Page:United States Statutes at Large Volume 36 Part 1.djvu/1127

 SIXTY-FIRST CONGRESS. Sess. III. Ch. 231. 1911. 1103 appearance, affect only the property which shall have been the subject of the_ suit and under the jurisdiction of the court therein, within such district; and when a part of the said real or personal property against which such proceedings shall be taken shall e within another drstrrct, but within the same tate, such suit may be brought in either district in said State: Provided however, That any defendant or @$-,0, apmh defendants not actually personally notified as above provided may, sneprrmrpemmrrry at apty time within one year after final judgment in any suit men- P°"°°°' tion in this section, enter his appearance in said suit in said district ` court, and thereupon the said court shall make an order setting aside the judgment therein and Trmitting said defendant or defendants to plead therein on payment y him or them of such costs as the court shall deem just; and thereu on said suit shall be proceeded with to fnal judgment according to ljaw. Sec. 58. Any civil cause, at law or in equity, may, on written m;',*;¤¤*°*¤ *>Y•¢*°** stipulation of the parties or of their attorneys of record signed and V0ll84,p.206. filed with the papers in the case in vacation or in term, and on the V written order of the judge signed and filed in the case in vacation or on the order of the court duly entered of record in term, be transferred to the court of any other division of the same district, without r ard to the residence of the defendants, for trial. When a cause shiig be m§‘€§§}`” t° b° "“"’“ ordered to be transferred to a court in any other division, it shall be the duty of the clerk of the court from which the transfer is made to carefully transmit to the clerk of the court to which the transfer is made the entire file of papers in the cause and all documents and. deposits in his court (gertaining thereto, together with a certified T""”°'l’*°"°°°'°f transcript of the recor of all orders, interlocutory decrees, or other ‘ entries rn the cause; and he shall certify, under the seal of the court, that the papers sent are all which are on file in said court belonging to the cause; for the performance of which duties said clerk so transmit- F°°""‘°“ "“°°“"· ting and certifying shall receive the same fees as are now allowed by law for similar services, to be taxed in the bill of costs, and regularly collected with the other costs in the cause; and such transcript, when so certified and received, shall henceforth constitute a art of the record of the cause in the court to which the transfer shall be made. The clerk receiving such transcript and original {papers shall file the same and the case shall then proceed to final isposition as other cases of a like nature. Sec. 59. Whenever any new district or division has been or shall ,,(§{"§f‘},‘{,§$ f,’};,f@; be established, or any county or territory has been or shall be trans- Mcferred from one district or division to another district or division, rosecutions for crimes and offenses committed within such district, division, county, or territory prior to such transfer, shall be commenced and proceeded with the same as if such new district or division had not been created, or such county or territory had not been transferred, unless the court, upon the application of the defendant, shall order the cause to be removed to the new district or division for trial. Civil actions pending at the time of the creation of any such district or division, or the transfer of any such county or territory, and arising within the district or division so created or the county or territory so transferred, shall be tried in the district or division as it existed at the time of the institution of the action, or in the district or division so created, or to which the county or territory is or shall be so transferred, as may be agreed upon by the parties, or as the court shall direct. The transfer of such rosecutions and actions shall be made in the manner provided in the section last preceding. Sec. 60. The creation of a new district or division, or the transfer of ,,,c'·;‘,§‘°·,,‘;*°;;,,§’,°‘,,}§j . any cormty or territory from one district or division to another district ¤r1¤¤· swor division, shall not affect or divest an lien theretofore acquired in the circuit or district court by virtue ofya decree, judgment, execu-