Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1855-03-02
GPublic No AL.


the district and circuit courts Of the United
States therein
Be it enacted by the Senate and House of Rep
.resektatives of the United States of America in
Congress assembled That the State of Ohio be, and
the same is hereby, divided into two judicial dis
tricts, in the following manner, to wit: The coun-
ties of Belmont, Guernsey, Muskingum, Licking,
Franklin, Madison Champaign, Shelby, and Me:-
Ger, together with all that part of the State lying
south ofthe above mentioned counties shall COM
pose one district to be called the southern district
of Ohio and court shall be held for the said dis
trict at the city of Cincinnati and all the remaining
part of the said State shall compose another district
to be called the northern district of Ohio and
court shall be held for the same in the city ofCleye-
land, in said State.
Sec And beitfurther enacted, That there shall be
two terms of the circuit and district courts begun
and held in each Of said districts, to wit At the
city of Cincinnati for the southern district on the
third Tuesdays OF April and October, and at the
city of Cleveland, for the northern district on the
second Tuesdays of July and Novemer in each
year and the said courts are hereby authorized to
hold adjourned terms when the business before
the court, shall in the opinion Of the require
Sec 3. And be it further enacted, That all suits
and other proceedings of whatever name or nature
now pending 10 the circuit or district courts of the
United States for the district of Ohio shall be tried
and disposed of in the circuit and district courts
respectively, for the southern district of Ohio in
the same manner as the same would have been in
case said state had not been divided into two dis.
tFcts; and for that purpose the jurisdiction is re-
served to said courts IN the southern district and
the clerk of the circuit and district courts for the
present district of Ohio, shall remove the records
and files of the said circuit and district courts to
the city of Cincinnati and do, and perform, all the
duties sppertaining to his Office within the south
ern district and all process and other proceedings
taken or issued, or made returnabe to the circuit
or district court for the present district of Ohio
shall be returnable at the next term Of the said
courts respectively, in the southern district of
Ohio.
SEC 4 And be it further enacted That upon the
application of any party to any suit now pending,
which would have been commenced in the northern
district if this act had not bsen in force before the
commencement of said suit, the proper court may
and al parties consent shall order that the same be
removed for further proceedings to the proper
court for the northern district and therefore the
clerk shall transmit all the papers in the cause with
a transcript of the der of removal to the clerk
the court to which the suit shall be removed, and
all further proceedings shall be had in said court as
fthe suit had been originally commenced therein.
Sac. o. And be it further enacted That the present
judge OF the district OF Ohio be- and he is hereby
assigned to hold said courts in the southern district
of Ohio, and shall exercise the same Jurisdiction,
and perform the same duties, within said district
as lie now exercises and performs within his pres
ent district.
SEC. 6. And be it further enacted, That fnal pro-
cess upon any Judgment or decree entered in the
circuit or district court of the United States for
the district of Ohio, and all other process for the
enforcement of any order of said courts respectively
in any cause now pending therein except causes
removed as hereinbefore provided, shall be issued
from and made returnable to the proper court for
the southern district of Ohio, and NAV run and be
executed by the marshal of said southern district
in any part Of said State.
SEC. Z. And be it further ena cted That there be
appointed district judge for the said northern
district Of Ohio; who shall possess the same powers
and do and perform all such duties in bis district
are now enJoIned or in any wise appertainng TO
the present district judge for the district Of Ohio
and the district judge Of each district shall be
entitled to the same compensation as by law is
provided for the present judge for the district Of
Ohio
SEC 6. And be it further enacted, That there be
appointed one person as district attorney, and one
person as marshal, for said southern district
whose terms OF appointment and service, well
as duties and emoluments, shall be the with
those respectively appertaning to the said Offices
in the district Of Ohio; and said marshal shall give
the same bond that other marshals are required to
give, to be proved and recorded as now directed
by law frovided, mat the present district a.
torney Of the district of Ohio shall be the district
attorney of the northern district but shall retain
the charge of all suits already commenced until
final termination unless the President Of the United
States shall otherwise direct, and the present
marshal Of tee district of Ohio shall be the marshal
Of the northern district, during their respective
official terms.
SEC. g. And bel further enacted, That all suits
hereafter to be brought in either of said courts,
not of local nature, shall be brought in the court
of the district where the defendant resides; but if
there be more than one defendant and they reside
in different districts, the plaintiff may sue in either
and send duplicate writ against the defendants, d.
rected to the marshal of the other district, on
which endorsement shall be made that the writ
thus sent is copy of writ sued out Of the court
Of theproper district and the said writs when ex-
ecl.rd and returned into the office from whence
they issued, shall constitute suit, and be pro-
ceeded in accordingly.
Approved February 10th, 1856.