Nebraska advertiser., 1857-04-16

n OeLtEdDoE ana EeE LG6A4 talH 4Ll6
other two shall be begErii and "a At BFDuEs-
vile on the fzzt Afonaays Of March and Octo-
Der. respectively; and -four terms Of The district
eOurt Of the wsstszn district of Texas shall be (
held IN each year, two Of which shall be begun
and held 1t Austin on the frss Mondays Of
January and June, resFectiFely md tie other
two shall Be begun and held q = hgs On the /
first MONDAYS l5f Marcia and November, Ies-
psefvely: and the said courts are hssFtby au-
thorized 10 hold Adjourned terms ,f1lsn the
business of sid c0ufts sshalI IN the aFiiEiiDE Of
the jldgsor judges require it.
See g. A,sa q it fsrtker en1tsea, That
al s.iiits and ss'ssiI1ss af nhatsxsr name
or nature pending N the district Court Of Texas
al any Of the plsets at which ternH Of the
said courts Wete eni1ined to be held, and which
said places may be within the eastetn district
ofTexasshaIl be transferred to the distnescourt
OF the eastern district Of Tekss, and sI1ch suits
and proceedings pending n. any of the places
at which terms Of tho said districss courts were
enioined to be held, and which sad places
nav be within the western district shall b0
transferred tc the district opyrt Of TIM vesAerH
district Of Texas; and this act shall not pro
duce disconEinuance of any such sliit or pro
ceeding, or Of any .Ordet issue. or process
therein; and jurisdiction Is here given to the
said district eoarts IaspechVely and perform
all 8EEies appertaiHing to the said saits and
proceedings, and to proceed to ny ind dispose
OF the same Is fully As the distriss court Of
Texas was authorze1 TO do and al press,
uesne OF final, which may have iESNsd from
any Of the courts cf the district of Tezas,
shah be proceeded IN and returned to the Sis
trict court to Be holden at the place from
whence the same islaed, and shall Be Of Is
fun force and effect as if the said district had
not been divided into two districtss; and al
process which may have issued fpsra the said
district court Of Texas IN any calIss pending
therein, OF any penal or other process which
may hereafter issue from any ofths isaid courts
to enforce any ORDER Judgment, on decree in
any cause heretofJra ended and determined
therein shall be issaed from and made return
able to the court IN which the said cause or the
recoEd thereof mar be, and may issue and BE-
executed bE the nlarsball Of the district from
which issued IN any part of the State
Sec. -4nd Be- It furtleT slartsa, That
either of the said district courts may, on ap-
plicatiOn Of the parties defendant, and for good
cause shown, order any suit now pssnding, and
transferred to such court BY this act, to be
removed I'd the proper court of the other dis
trict for further procee5fn-s, and ttaHeupon the
clerk shall tra1smit al the papers ID the CAUSE
with transcript Of al the proceeding and or
+ derS In -rskEtiOn thereto, to the clerk of the
fcourt to which the suit shaIz be removed, and
all further proceedings shall BE- had IN the
said couzt as If the suit had been originally
commenced therein.
Sec 5. An8 Be Il fisTthev entlcte5, Thu
the present jndge Of the district Of Texas be,
and be IS hereby, assigned to hoid said courts
I in the eastern district Of Texas, and shall ex-
erUise the sane jurisdiction and perform the
! same duties within the said district as he now
exercises and performs within his present dis
u trict. There shall be appointed a distEic:
\ Judge f0rthe western district Of Texas, who
i shall possess the same powers, and do and
i perform all such duties in his district as are
now enjoyed, or IN any manner appertainIng to
the present. district judge for the district ol
i Texas. And the distinct Judge of each distTici
shall be entitled I'd the sane compensation as
BY law Is provided forthe present Judge Of the
district Of Texas. ~
Sec. 6, Ard Be It further enacted, Taai
Il there be appointed one person az district at
4 torney, and one person as marshal, for said
western district, whose terms Of app0intmsni
} land services, as well as duties and emolu-
; Ements, shall be the same with those respect
lively appertafninyto to the said tffices IN ths
district Of Texas :. and said Inarshal shaI
give the same bond that ether nlarshals arV
required 10 give, to be approved and recorded
} as row directed by law PYouide1, That thI
present attorney Of the district Of Texas shai
be the district attorney for the eastern district
but shall retain charge of all suits already
/ commenced, until the fual termination, unles
: the President of thu United States shall 9th
erwise direct and the present marshal Of thi
district Of Texas sIElll be the MARSHAL of tat
eastern district durHlg their respective Offcia
terms - ----si-
! Sec. II. And Be It futzg enacted, Tha
; an suits'heTeafter to be bc0ught IN either o
2 sad eOttrts, not OF local nature. shall b
Hr0ughtin the court Of the district where tn
e defendant resides; but If theTe be more thai
: one defendant, and they reside IA diHsTen
districts, the plaintiff may issIle.in either, an'
: lsend 4 duplicate writ azaInst the dsfsndHnts
: directel to the marshal Of The other district
: on which WIT an endorsement shall be mad
e that the writ thus seEt IS 3 copy Of q wrlt sue
1 tout Of the court Of the proper district; an
u said wits. when executed and returned Int
q the of5se froTn whence they issued shall clnst
! tute one suit, and Ee proceeded in accord
e Approved February p, 1857.
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