Page:United States Statutes at Large Volume 10.djvu/626

606 THIRTY-THIRD CONGRESS. Sess. II. Ch. 96. 1855. tion, unless the President of the United States shall otherwise direct ; and the present marshal of the district of Ohio shall be the marshal of the northern district, during their respective official terms. V f Sec. 9. And be it further enacted, That all suits hereafter to be brought h,,,'Q'};$°C§,‘§[°S in either of said courts, not of a local nature, shall be brought in the court menced. of the district where the defendant resides; but if there be more than one defendant and they reside in different districts, 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 indorsement 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 be proceeded in accordingly. Approved, Februarv 10 1855. Feb 13, 1855 Ci;.u>. XCVI. -An Act to divide the State of Illinois into Two Lidicial Districts. "`"""`“` Be itrnaeted by the Senate and House of Representatives of the United ]]]g,,0iSdgv;dBd States of America in Congress assembled, That the State of Illinois be, into twvjudiciel and the same is hereby, divided into two judicial districts, in the manner d'sm°°S' following; to wit: The counties of Hancock, McDonough, Peoria, `Woodford, Livingston, and Iriquois, and all the counties in the said State, north of them, shall compose one district, to be called the northern district of Illinois, and courts shall be held for the said district at the city of Chicago ; andthe residue of the counties of the said State shall compose another Places forliold- district, to be called the southern district of Illinois, and courts shall be inf; °°m`*S· held for the same at the city of Springfield. Terms of court. Sec. 2. And oe it further enacted, That there shall be two terms of the circuit and district courts begun and held in each of said districts, to wit: At the city of Chicago, for the northern district, on the first Monday in July and third Monday in December; and at the city of Springfield, for the southern district, on the first Monday in March, and the first Monday in October, in each year; and the said courts are hereby authorized to hold adjourned terms when the business shall, in the opinion of the courts, require it. _ _ _ Sec. 3. And be ttfurther enacted, That all suits and other proceedings p££g§Sé;l;’;;_°f of whatever name, or nature, now pending in the circuit or district courts of the United States for the district of Illinois, shall be tried and disposed of in the circuit and district courts respectively for the northern district of Illinois, 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 the said courts in the northern district; and the clerk of the circuit and district courts for the present district of Illinois shall remove the records and files of the said circuit and district courts to the city of Chicago; and do and perform all duties appertaining to his office within the northern district. And all process or other proceedings taken, or issued, or made returnable to the circuit or district courts of the present district of Illinois; shall be returnable at the next term of the said courts respectively in the northern district of Illinois. Sec. 4. And be it further enacted, That upon application of any party to any suit now pending which would have been commenced in the southm;;“;§;g{m‘;£m ern district, if this act had been in force before the commencement of the district. said suit, the proper court may, and if all parties consent, shall order that the same be removed for further proceedings to the proper court for the southern district. And thereupon the clerk shall transmit all the papers in the cause with a transcript of all orders taken therein to the clerk of the court to which the suit shall be removed, and all further proceedings shall be had, in said court, as if the said suit had been originally commenced therein.