, 1857-07-10

IS.
hospitals store rooms and fences at permanent fots
not occupied by troops, nineteen thousand dollars.
For the construction Of permanent platforms for
modern cannon Of large caliLre in the existing fortA
cations OF important haTbors one hundred thousand
dollars.
Approved, March 3, 1857.
AN ACT to divide the State of Texas into two iudi.
cial districts.
Be it enacted by the Senate and House of Represen.
tatves of the United States of America in Congress
assembled, That the State of Texas be- and the same
Is hereby divided into two judicial districts in the fol
lowing manner, to wit: All the territory of the State
OF Texas embraced in the counties of Newton Jlspcr
Jefferson, Orange, Tyler, Polk, Liberty Galveston.
Harris, Montgomery, Austin, Fort Bend, Brazoria
Colorado, Wharton, Mltlgorda Layacca, jackson,
witt, Victoria, GOliad Refugio, Webb and Hdalgo as
they existed in eghtden bundled and ffty-two shall
compose district to be called the eastern district
Of Texas and all the remaining part of the territory
Of the said State shall compose another district to be
called the western district Of Texas
Sec 2. And be /. further enacted That there shall
be held in each year four terms of the district court
Of the eastern district OF Texas, two Of which terms
shall be begun and held at Galveston on the first Mon
days in December and May respectively; and the 9TH
er two shall be begun and held ut Brownsville on the
first Mondays Of March and October, respectively;
aud -four terms of the district court of the western dis
trct Of Texas shall be held in each year two of which
terms shall be begun and held at Austin on the first
Mondays Of January and June respectively; and the
other two shall be begun and held at Tyler the first
Mondays OF March and November, respectively; and
the said courts hereby authorized to hold adjourn
ed terms when the business of said courts shall IN the
opinion Of the judge or judges require II.
Sec. 3. And be it further enacted, That all suits
and proceedings, Of whatever name nature pending
in the district court Of Texas at any of the places al
which terms of the said courts were enjoiled To be
held and which said places may be within the eastern
district of Texas shall be transferred to the district
court Of the eastern district of Texas and such terms
Of the said district court enoined t. be held and
which said places shall be transferred to the district
court Of the western district of Texas; and this act
shall not produce discontnuance of any such suit or
proceeding Of any order issue or process therein:
and jurisdiction is hereby given to the said district
courts respectively to do and perform all duties apper-
tanning To the said suits and proceedings and to pro-
ceed to try and dispose Of the fully as the dis
rict court Of Texas authorized do and all pro-
cess, mesne or final which may have issued and shall
be Of as full force and effect IL the said district had
not been divided into two districts; ard all process
which may have issued from any Of the courts of Tex
as. in any cause pending therein or any penal or 9TH
er process which may hereafter issue from any of the
said courts to enforce any order judgment decree
in any heretofore ended and determined therein
shall be issued from and made returnabe to the court
in which the said the record thereof NAV be
and may issue and be executed by the marshal OF the
district from which issued in any part Of the State.
Sec. 4. And be 1t further enacted, That either Of
the said district courts may, application of the par
ties defendant, and for good cause shown order any
suit now pending, and transferred to such court by
70 the proper court OF the 9TH
er district for further proceedings and thereupon the
clerk shall transmit all the papers in the cause with
transcript OF all the proceedings and orders in relation
thereto to the clerk Of the court to which the suit had
been proceeding originally commenced therein.
Sec 8. And be it further enacted That the pres
ent judge Of the district of Texas be- and he is here
by assigned To hold said courts in the eastern district
Of Texas and shall exercise the same jurisdiction and
perform the duties within the said district as he
now exercises and performs within his present district
There shall be appointed district judge for the west
en district Of Texas who shall possess the same pow
ers and do and perform all such duties in his district
as are now enioined. or In any manner appertain to
the present district judge for the district Of Texas
And the district judge Of each district shall be enti-
tied to the same compensation by law is provided
for the present Judge Of the district Of Texas.
Sec. 6. And be 1t further enacted That there be
appointed person district attorney and one per
son as marshal for said western district whose terms
OF appointment and service, we'll duties and emo
uments, shall be the same with those respectively ap-
pertaining To the said Offices in the district Of Texas;
and said marshal shall give the same bond that other
marshas are required to give 10 be approved and
corded as now directed by law: Provided That the
present district attorney for the eastern district shall
retain charge Of all suits already commenced until
their final termination unless the President Of the
United States shall otherwise drect and the present
marshall Of the eastern district during their respect
i've and Official terms.
Sec. 7. Aud be It 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 dis
tct where the defendant resdes but u there be
than one defendant, and they reside In different dis
tricts the plaintiff may issue in either and send du.
pcate writ against the defendants directed to the
other district which writ an endorsement shall be
made that the writ thus sent is a copy Of writ sued
ont Of the court Of the proper district and said wrts
when executed and returned into the Office from
whence they issned shall constitute one suit and be
proceeded in accordingly.
Approved, February 2l, 1851