The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1838-09-05
IPuBLIc.-No. G6l

IPUBLIC.-No. G6.
AN ACT tn increase and regulate III,
terms of the circuit and district court,
for the northern district of the State %
New York.
BE ii enacted by the Senate and House
Of Representatives. Of The Unite States Of
imericd in Congress assembled, That there
shall be four regular terms of the district
court of the United States for the northern
district of the State Of New York IN each
year one of which, 10 commence on the
third Tuesday ia January, shall bo held in
the city of Albany; and one, to commence
on the second Tuesday in July, shall u,
held mt the city of Utcia aud one, To com
Lepce on The third Tuesday of May, shal
be held at the city of Rochester and one
to commence on the second Tuesday ol
October, shall be held AT the city ot BuHalo.
Aud there shall also be held one other term
annually, at such time aud IN such place
within the counties of ~. Lawrence, Gin
ton, or Franklin, as the Judge Of said dis
trict shall from time to time appoint, by u
notice of at least forty days, tp be published
IN the State paper of the State Of New
York, which latter term shall be held onIy
for the trial of issues of fact arising within
the said three aforementioned counties but
nothing herein contained shall prevent the
Judge of said court from holding speciul
terms thereof at the places above specified,
or at any other places in said district, in
addition IN sud regular terms, when he
shall deem 1t necessary.
Sec. 2. dnd be IL further enacted, That
term OF the circuit court for the SAID north
ern district, now required by law to be held
annually at Albany on the second Tuesday
of June, be hereafter held at Cnnandaigua,
10 the county Of Ontario, on the Tuesday
next after the third Monday of Jnne in
each year.
Sec. 3. and be Il further enacted, That
for the purpose Of trying all issues Of fact,
uiable by Jury in the district court of the
United States for the northern district Of
New York the said district shall be subdi-
vided into three divisions as follows, to wit
all That part oc said district lying westward
of the west lines of Inc. counties of Cayuga,
Tompkins, and Tloga, shall constitute the
western division; the connties of ST.
LawIeuce, Franklin, and Clinton, shall
constitute The northern division and all
the remainder Of the district shall constitute
the eastern division. And all such issues
of fact shall be tried at term Of ssib court
TO be held IN the division where the cause
of action may have arisen, unless the said
court, for good cause shown, shall order
such issue to be tried elsewhere. And all
issues of fact IN the said circuit court To be
hx hp nf L,tf I'm
may have arisen IN the northern or eastern
division aforesaid, shall be tried at The term
Of said circuit court to be held Mt Albany;
and oil other issues q: fact ~ said circuit
court to be tried by jury, where the cause
OF action may have arisen IN the western
division of said district, shall be tried at tine
tern of said circuit court to be held at
Canandagua. But nothing herein con-
tanned shall prevent either Of said courts,
by general rule, from regulating the venue
Of uansItory actions, aud from changing
the snme for good cause to he shown.
Sec. 4. And be IL further enacted, That
all issues now pending IN either OF SAID
confls shall be uIed at the places above
prescribed for holding such court, unless
Otherwise ordered by SAID court, IN pursu-
snce Of the authority given IN the last sec
lion and no process ISSUED or proceedings
pending ia either Of said courts shall he
avoided or impaired by his change of the
time and place of holding such court; bit
aIl process, bail bonds, and recognIzances,
returnable at the next term ef either of said
courts, shall bs returnable and returned to
the said court next held according to this
act, 10 the same manner as II So made re-
lurnsble on the face thereof, aud shall have
full effect accordingly; {; and all conlInuan-
ces may be made to conform to The provis-
ions Of this act.
ArraovsD, July 7h, l-35.