The Arkansas banner., 1849-06-19
LlWS OF THE UNITED STATES,
[CHAP. l2l.l

[pY AUrHoRIrY.l

tCHAP. l2a,l A, Acr to amend the act entitled An act supple
 mental to the act for the admission of the States
 of Iowa and Florida into the Union.
 tSec. l. Be 1t enacted by the Senate and House
 f fReuresentatlves of the United States of AmeTicR in Congress assembled, That, for the purpose of ,,vpv al issues of fact tFiabe by jury in the dis
 rc, court of the United States for the district of
 Iown. as established by the act entitled 's An act .,nnemeltal to the act for the admission of Iowa and Florida into the Union, approved third March. eighteen hundred and forty-fve, the said district
 hs be separated into three divisions, as folows to
 wit: All chat part of said district lying within the Dubuaue land district, as altered by the l" Act 10 .s,ahIish an additional land district in Iowa." ap
 rraved eighth August, eighteen hundred and forty .ax. shall constitute the northern division; and a reguiar term of said court for said division shall be held annually at Dubuque, to commence on the frst Monday 10 January; all that part of said dts 7rict iytng within the Iowa land district, as estab ashed by the Act 10 establish an additional land dislrc,in Iowa." approved eighth August. eighteen hundrcd and fsrty-six, shall constitute the middle division, esd regular term of said court for this sv&sn shsil De held asRaaliy at iowa City. to com
 mence on the first MoHdny ta October; and the residue of the State of Iowa shall constitute the southern division, and regular term of said court for this division shall be held annually at Buriing
 ten, to commence on the first Monday in June; and should the judge of the said district court fail to attend at the time and place of holding any one of the regular terms of the court for either of the said
 divisions of the aforesaid districts, before the close of the fourth day of any such term, the business
 pending in sach court shall stand adjourned to the
 next regular term thereof. PTopidsd, That when ever the judge of said court, from any cause, shall
 fail 10 hold regular term of said court for either of said divisions it shall be his duty if in his opinion the business u said court shall require to hold sn
 nf ha shall by his order under his hand and seal, direct addressed b the clerk and marshal of said court at
 least thirty days previous 10 the comme ncement of said term, and 10 be published in the several news papers published h the bounds of said division and district the same length of tme and, at any and all such intermediate terms. the business of any such courts, of every nature and description whatsoever, shall have reference to, and be proceeded with in the same manner as if the same were regular term of the said court. And all such issues of fact shall be tried at term of said court commenced in &C., cordance with the third section of this act. But nothing herein contained shal prevent the said district court, by general rule, from regulating the venue of transitory actions, either in law or in equity, and from changing the same for good cause to be shown.
 Sec. 2 And be 1t further enacted, That all issues now pending In the said district shall be tried at the places above prescribed for holding such court within the division where the cause of action may have arisen, unless otherwise ordered by said court, in pursuance of the authority given in the first section of this act; and no process issued. or proceedings pending in the said district court shall be avoided or impaired by this change of the time and place oG holding such court; but all process, bail bonds and recoguizances returnable at the next term of the said court, shall be returnabie and re- turned to the court next held at the appropriate place, according to this act. in the same if so made returaable the face thereof. and shall have full effect accordingly; and all cOninuauces may Dc made to conform to the provisions of this act
 Sec. ,. And be it further enacted, That all suits hereafter to be brought in the said district court, not of local nature shall be brought in court of the division of the district where the defendant re- sdes hut if there be more than one defendant, and they reside in different divisions of the district, the plaintiff may In either division, and send dnpli cate writ or wrlts to the other defendants; which the plaintiff his attorney shall endorse that the writ thus sent is copy of writ sued out of court of the proper division of the said district; and the said writs, when execn nted and returned into the office from which they issued. shall constitute one suit, and be proceeded in accordingly.
 Sec. 1. And be 1t further enacted, That 1t shall be lawful for the clerk of the district court for the district Of Iowa 10 appoint deputy at each of the places prescribed for holding terms of the said court who, in his absence, may exercise all the official powers of the saic clerk at the place and within the division of the said district for which he may have been appointed. And such deputy, before he enters the discharge of his duties, shall take the usual oath for the faithful performance of his duties as such deputy. And nothing herein contained sbal be held to excuse release the said clerk from legal responsibility for acts performed by his said deputy in behalf of said clerk in the office aforesaid.
 Sec. ,. And be 1t further enacted, That the dis irict attorney and marshal of the district of Iowa shall, respectively, perform the duties of district attorney and marshal of and for the northern, mid de and southern divisions of the district of Iowa. as established by this act and the said marshal shall keep an office at each of the places where the ses- sons of the said district court are directed to be held, and his charges for mileage, in the execution of the duties of his office within the said district shall be computed from the city of Iowa
 sec6: And be it further enacted, That in addi non to the ordinary jurisdiction and powers of district court of the United States. with which the district court of Iowa has been invested, 1t be, and is hereby invested, within the limits of said district with the exercise of concurrent jurisdiction and power in all civil cases exercised by the circuit courts of the United States; and that in all cases where said court shall exercise such jufisdiction writs of error and appeals shall be allowed and taken from the judgments orders, or decrees of said court to the Supreme Court of the United states, h the same manner and upon the same con ditions as appeals may be taken from the circuit courts. VI
 Sec :. And be it further enacted, That all acts 1 and parts of acts Inconsistent with the of this act be, and the same are hereby, repealed.
 APPROVED, March 8, 1s49.