Year: 1863

authorized 20 hold adjourned terms
when the business before the court
shell, in the opinion of the court, re,
quire it.


SEC. 3. And be IL further enacted
That all calls and other proceedings, of
whatever name or nature, now pending
in the circuit or district courts of the
United States for the district of Michi.
gan, shall no tried and disposed of in
the circuit and district courts, respect
lively, for ths eastern district of Michi.
gan, in the same manner as the same
would have been in case said State had
not been divided into two district g
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 dis.
trict of Michigan shall remove the re-
cords and files of the said circuit and
district courts TO the city Of Detroit,
and do and perform all the duties sp.
pertaining to his office within the eastern
district; and all process and other pro.
ceedings taken or issued, or made re.
turnable TO the sircuit or district court
for the present district of Michigan,
shall be returnable At the next term of
the SAID courts, respect lively, ia the
eastern district of Michigan.


Sec. 4. And 6s I further enacted,
That upon the application of any party
to any suit now pending which would
have been commenced in the western
district if this act had been in force be.
fore the commencement of said suit, the
proper court may, and, If all parties
consent, shall, order that tho same be
removed for further proceedings to the
proper court for the western district
and thsreupon the clerk shall transmit
all the papers in the cause, with = tran.
script of the order of the removal, to
the clerk OF the court to which the said
suit shall be removed and oil further
proceedings shall DO had in said court
as if the suit had been originally com.
menccd therein.


SEC. S. AnS be it further enacted,
That the present Judge of the district
of Michigan be, and he is hereby az.
signed to hold said courts in the eastern
districts of Michigan, and shall exercise
the same jurisdiction and perform the
same duties, within said district, az he
now exercises and performs within his
present district.


SEC. 6. And be 20 turthsr enastsd,
That final process upon any judgment
or decree entered IN the circuit or dis.
trict court of the United States for the
district of Michigan, and sll other pro
cess 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 iss led from. and made returnsble TO
the proper court for the eastern district
of Michigan, aud may run aud be exc.
cuted by the Marshal of said eastern
district, in any part of said State.


SEC. 7. And be u further enacted,
That there DO appointed district Judge
for the said western district of Michi.
gan, who shall possess the same powers
and do and perform all such duties in
his district AZ are now snjoined or in
any wise appertsining to the present
District Judge for the district Of Mich
igan and the District Judge Of each
district shall be entitled 10 the same
compensation as by law is provided for
the Judge of the district of Michigan


SEC 8. And BE- v further enacted,
That there be appointed ono person ~
District Attorney and one person as
Marshal for said western district. whose
terms of appointment and service, rs
well as duties and emoluments, shall be
the same with those respectively apper.
tanning to the said offices in the district
of Michigan. And said Marshall shall
give the same bond that other Msrshsls
are required to give, or be approved
and recorded rs now directed by law
provided, that the present District At
torney of the district Of Michigan shall
he the District Attorney of the Eastern
district, and retain the charge of all
suits already commenced until final ter.
limitations; unless the President of the
United States shall otherwise direct,
and the present Marshal of the District
of Michigan shall be the Marshal of
the eastern District, during their respec
tive official terms.


SEC. 9. And be tt further enacted,
That all suits hereafter to be brought
in either of said courts not of local
nature, shall be brough. in the court Of
the district where the defendant resides;
but if there be more than one defend.
ant, and they reside in different districts,
the plaintiff may sue in either and send
a duplicate wri. 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 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,
constitute one suit, and DO proceeded in
accordingly.


Approved February "a, 1868.