, 1855-08-17

I SEC 2. And be II further 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 Gin
cinnati, 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 November, in each year and the said
courts are hereby authorized to hold ad-
iourned terms, when the business before the
court shall, in the opinion Of the court re-
quire it,
SEC. g.. And be ii further enacted, That
all suits and other proceedings, of whatev-
ever name or nature, now pending in the
circuit or district courts of the United
States for the district Of Ohio, shall be tried
and disposed of in the circuit courts res
pcctively, for the southern district Of Ohio,
in the same manner as the same would
have been in case said State had not been
din idcd into two districts and for that
purpose the jurisdiction is reserved 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
I records and files of the said circuit and dis
r,ct courts to the city Of Cincinnati, and
do, and perform all the duties appertaining
to his Office within the southern district
and all process and other proceedings taken
or issued, Or made returnablc to the circuit
or district court for the present district of
Ohio, shall bc rcturnablc at the next term
of the said courts respectively, in the south
crn district Of Ohio.
SEC 4. Ind Je IL Gurther 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 been in force before the commence
mcnt Of said suit, the proper court may,
and if all parties consent, shall order that
the same be removed for further proceed
r ings to the proper court for the northern
district and thcrcupon, the clerk shall
transmit oil the papers in the cause, with
transcript of the order Of the removal, to
the clerk of the court to which the suit
shall he removed, and all further proceed
lings shall be had in said court as if the suit
had been originally commenced therein.
SEC. 5. And be il 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 dis
trict, as he now exercises and performs
within his present district.
SEC. 6. 1nd Le IL further enacted, That
final process upon any judgment or decree
entered in the circuit or district court of
the United States for the district Of Ohio,
land all other process for the enforcement Of
any order Of said courts, respectively, in
any cause now pending therein, except eau
ses removed as hereinbefore provided, shall
: bc issued from and made returnablo to the
proper court for the southern district Of
Ohio, and may run and be executed by the
marshal Of said southern district in any
part of said State. ..-
4 Sec. I. And be IL further endcted, That
: there be appointed district judge for the
said northern district Of Ohio who shall
possess the same powers, and do and per-
form oil such duties in his district as are
: now enjoined or in anywise appertaining 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. 8. And be IL further enacted, That
there be appointed one person as district
attorney, and one person as marshal, for
said southern district, whose terms Of ap-
pointment and service, as well as duties and
emoluments shall be the same with those
respectively appertaining to the said Offices
in the. district Of Ohio and said marshal
shall give the same bond that other mar
shals are required to give, to be approved
and recorded us now directed by law /;
Proridoa, That the present district attor-
ney Of the district Of Ohio shall be the dis
trict 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 the district Of Ohio shall be the marshal
Of the northern district, during their res
: pective Official terms.
SEC. 9. And Be il further eRacted, That
oil suits hereafter to be brought in either
Of said courts, not Of local nature, shall
he brought in the court Of the district
where the defendant resides but II there
he more than one defendant and they re-
side in different districts, the plaintiff may
sue in either and send duplicate writ
against the defendants, directed to the
marshal Of the other district, on which an
Endorsement shall be made that the writ
thus sent is a copy of writ sued ont Of
the court Of the proper district aud the
said writs, when executed and returned in
to the Office from whence they issued, shall
constitute one suit. and be proceedeh in ac.