Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-03-02

and at the city of Grand Rapids, for the west
ern district, on the third Monday of May and
third Monday of October in each year. And
the said courts are hereby authorized to hold
adjourned terms when the business before the
courts shall, in the opinion of the court, re-
quire it.
Sect 3. And be it further enacted, that all
suits and other proceedings, of whatever name
or nature, now pending in the circuit or dis
trict courts of the United States for the dis
trict of Michigan, shall be tried and disposed
of in the circuit and district courts, respec-
lively, for the eastern district of Michigan. in
the same manner as the same would have
been in case said state had not been divided
INTO two districts; and for that purpose the
jurisdiction is reserved to said courts in the
eastern district. And the clerk of the circuit
and district courts for the present district of
Michigan shall remove the records and files
of the said circuit and district courts to the
city of Detroit, and do and perform all the
duties appertaining to his office within the
eastern district; and all process and other
proceedings taken or issued or made return
able to the circuit or district court for the
present district Of Michigan, shall be returna-
Die at the next term of the said courts, re-
spectlvely, in the eastern district of Michigan.
Sect 4. And be it further enacted, that
upon the application of any party to any suit
now pending which would have been com
menced in the western district if this act had
been in force before the commencement of
SAID suit, the proper court may, and if all par
ties consent, shall order the same to be re.
moved for further proceedings to the proper
court for the western district; and thereupon
the clerk shall transmit all the papers in the
cause, with transcript of the order of the re-
moval, to the clerk of the court to which the
sad suit shall be removed; and all further
proceedings shall be had in said court as if
the SUIT had been originally commenced
therein.
Sect 8. And be it further enacted, that the
present Judge of the district of Michigan be
and he is hereby assigned to hold said courts
in the eastern district of Michigan, and shall
exercise the same jurisdiction and perform
the same duties within said district as he now
exercises and performs within his present dis
trict.
Sect. g. And be it further enacted that final
process upon any judgment or decree en-
tered In the circuit or district court of the
United States for the district of Michigan.
and all other process for the enforcement of
any order of said courts, respectively, in any
cause now pending therein, except causes re-
moved as hereinbefore provided, shall be is
sued from and made returnable to the proper
court for the eastern district of Michigan. and
may run and be executed by the marshal of
the said eastern district in any part of said
state.
Sect. 7. And be it further enacted that
there be appointed district Judge for the
said western district of Michigan, who shall
possess the same powers and do and perform
all such duties in his district as are now en-
Joined or in any wise appertaining to the pres
ent district judge for the district of Michigan:
and the district judge of each district shall be
entitled to the same compensation as by law is
provided for the present judge of the district
Of Michigan.
Sect. s. And be it further enacted, that
there be appointed one person as district at
torney, and one person as marshal for said
western district, whose terms of appointment
and service, as well as duties and emou-
ments, shall be the same with those respec-
lively appertainlng to the said offices in the
district of Michigan. And said marshal shall
give the same bond that other marshals are
as now directed by law Provided, that the
present district attorney of the district of
Michigan shall be the district attorney of
the eastern district, and retain the charge of
all suits already commenced until final ter
mination, unless the president Of the United
OldJeS Silall OUnerWlSe dlrect ana the present
marshal of the district of Michigan shall be the
marshal of the eastern district during their
respective official terms.
Sect. 8. And 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 district where the defen-
dant resides; but if there be more than one
defendant, and they reside in different dis
tricts, the plaintiff may sue in either, and
send a 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 copy of a writ sued out
of the court of the proper district; and the
said writs, when executed and returned into
the office from whence they issued, shall CON
stitute one suit, and be proceeded in accord
ingly.
Approved, February "a, 1868.