New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-31
[PuBLIc-No. 100. fy-gs. s.gy. 81
AN ACT to establish the western judicial
district of Wisconsin,


Representatives of the United States of
America in Congress assembled, That that
portion of the State of Wisconsin cOmpris-
ing the counties of Rock, Jefferson, Dane.
Greene. Grant, Columbia, Iowa, Lafayette.
Sank. Richland, Crawford Vernon, La
Crosse. Monroe, Adams, Juneau, Buffalo,
Chippewa. Dunn, Clark, jackson, Eau
Claire, Pepin, Marathon, Wood, Pierce,
Polk Portage, st. CrOix, Trempealeau,
Douglass, Barron, Burnett Ashland, and
bayfield,, shall hereafter constitute q new
judicial district to be called the western
district of Wisconsin, and the circuit and
district courts of the United States for said
western district of Wisconsin shall be held
at the city of Madison and at the city of La
Crosse, within said district.
SEC 9. And be it further enacted, That
term of the circuit and district court of
the United States for said western district
shall be held at the city of Madison Oh the
first Monday Of June, and at the city of La
Crosse on the first Monday of December, in
| each year.
SEC 3. And be it further enacted, That
| the district of Wisconsin shall hereafter
consist of the counties of said State not
named in this act, and shall be called the
| eastern district of Wisconsin; and circuit
| and district courts of the United States shall
| be held in said eastern district. as follows !:
| At the city OF Oshkosh OH the first Monday
| of July, and at the city Of Milwaukee on
| the first Monday of January and on the first
Monday OF October, in each year.
| SEC. 4. And be it further enacted. That
the said circuit or district court for either of
said districts may. i'll its discretion. order
special terms, and order a grand or petit
jury. or both, to attend the same, by an
order to be entered of record twenty days
before the day ut which said special term
shall be ordered to convene and said courts
respectively at such special terms shall have
all the powers that they have at regular
term appointed by law: Provided how
ever, That no special term OF said circuit
court for either district shall be appointed
except by and with the concurrence and
consent of the circuit judge.
SEC. 5. And be it further enacted. That
all suits and other proceedings, Of whatso-
ever name or nature, now pending in the
Circuit or District Court of the United
States for the district of Wisconsin. shall
be tried and disposed of in the circuit and
district courts respectively. for said eastern
district rs the same would have been had
if this act had not been passed, and for
that purpose jurisdiction is reserved TO the
said courts in the eastern district: and the
clerks of thu circuit and district courts of
the present district of Wisconsin shall re-
tain the records and files of the said circuit
and district courts Mt the city OF milwaukee,
and do and perform all the duties apper-
tanning 0 their said offices, respectively,
within the eastern district, except as is
hereinafter provided: and all process re-
turnable to or proceedings noticed for any
term OF the present circuit or district cOurt
shall be deemed to be returnable to the
next term OF said court, respectively. in
the said eastern district, as fixed by this
act.
SEC. 6. And be it further enacted, That
upon application of any party TO any suit
or proceeding now pending in the present
circuit or district courts Of the [ nited States
for the present district of Wisconsin. which
should have been commenced in the proper
court for the western district if this act had
been in force at the time OF the commence
ment thereof: the proper court shall order
that the same be removed for further pro-
ceedings to the proper court for said west
ern district: and thereupon the clerk shall
transmit certified copies of all the papers
and of all orders made therein to the clerk
OF the court to which said suit or proceeding
shall he removed. and all further proceed
ings shall be had in said court to which the
same shall be removed as if the said suit
or proceeding had originally been COM
menced therein.
SEC.7. And be it further enacted. That the
passage of this act shall not have the effect
to destroy or impair the lien of any judy
district court of the Cuted States for the
present district of Wisconsin. prior to this
act taking effect. and final process on any
Judgment or decree entered in the circuit or
district court of the United States for the
district OF Wisconsin. or which shall ben libel
entered therein prior to this act taking effect,
and all other process for the enforcement
OF any order of said courts. respectively.
IN any cause or proceeding now pending
removed as herein provided: shall he issued
from and made returnablc to the proper
court for the eastern district of Wisconsin,
and may be directed 10 and executed by the
marshal of the United States for the said
eastern district in any part of the State of
Wisconsin.
SEC g And be it further enacted That
there shall be appointed district judge for
said western district of Wisconsin, who
shall receive an annual salary of three
thousand five hundred dollars: and there
shall also be appointed marshal and dis
trict attorney of the United States for said
western district of Wisconsin, who shall re-
spect1vely receive such fees and cOmpen-
sation. and exercise such powers and per-
form such duties as are fixed and enjOined
by law.
SEC. 9. And by it further enacted That
the circuit and district judges shall appoint
two clerks. each of whom shall be clerks
both of the circuit and district courts for
said western district, one OF whom shall re-
side and keep his office at the city of Madi
son. and the other shall reside and keep his
office at the city of La Crosse who shall
receive the fees and compensation for
services performed by them, respectively,
now fixed by law.
SEC. 10. And be it further enacted.
That either of the clerks of the circuit
and district courts for said west
ern district is hereby authorized
under the direction of the district judge of
said western district to make a transcript
from any of the records, files or papers OF
the district and circuit courts of the United
States remaining in the Office of the clerks
in said eastern district, of all matters and
proceedings which relate to or concern
liens upon or titles to real estate situate III
said western district and for that purpose
shall have access to said records in the
Office of said clerks in said eastern district
and such transcripts. when so made by
either of said clerks, shall he certified to be
true and'correct by the clerk making the
same, and the same when so made and GER
titled shall be evidence in all courts and
places equally with said originals.
SEC. IL. And be it further enacted, That
this act shall not affect the taking OF the
census in the State of Wisconsin in ammo
Domini eighteen hundred and seventy: but
the same shall be had. made and taken as
though this act had not been passed.
Approved june 80 1870.
PUBLIC-No. no.
AN ACT to authorize the construction and
or of t,,,,A