Page:United States Statutes at Large Volume 11.djvu/185

THIRTY-FOURTH CONGRESS. Sess. III. Ch. 57. 1857. 165 transferred to the district court of the eastern district of Texas; and such suits and proceedings pending at any of the places at which terms of the said district court were enjoined to be held, and which said places may be within the western district, shall be transferred to the district court of the western district of Texas; and this act shall not produce a discontinuance of any such suit or proceeding, or of any order, issue, or process therein ; and jurisdiction is here given to the said district courts respectively* and perform all duties appertaining to the said suits and proceedings, and to proceed to try and dispose of the same as fully as the district court of Texas was authorized to do; and all process, mesnc or final, which may have issued from any of the courts of the district of Texas, shall be proceeded in and returned to the district court to be holden at the place from whence the same issued, and shall be of as full force and elfect as if the said district had not been divided into two districts ; and all process which may have issued from the said district court of Texas in any cause pending therein, or any penal or other process which may hereafter issue from any of the said courts to enforce any order, judgment, or decree, in any cause heretofore ended and determined therein, shall be issued from and made returnable to the court in which the said cause or the record thereof may be, and may issue and be executed by the marshal of the district from which issues in any part of the State. Sec. 4. And be it further enacted, That either of the said district Same subject. courts may, on application of the parties defendant, and for good cause shown, order any suit now pending, and transferred to such court by this act, to be removed to the proper court of the other district for further proceedings ; and thereupon the clerk shall transmit all the papers in the cause, with a transcript of all the proceeding and orders in relation thereto, to the clerk of the court to which the suit shall be removed, and all further proceedings shall be had in the said court, as if the suit had been originally commenced therein. Sec. 5. And be it further enacted, That the present judge of the district _The present of Texas be and he is hereby assigned to hold said courts in the eastern $***3* {‘;‘l€f1:’ district of Texas, and shall exercise the same jurisdiction and perform egism d;,t,;c,_ the same duties within the said district as he now exercises and performs within his present district. There shall be appointed a district judge J¤dz¢’¤0b¤ epfor the western district of Texas, who shall possess the same powers, and d€‘;lri;€° do and perform all such duties in his district as are now enjoyed, or in any manner appertaining to the present district judge for the district of Texas. 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 Texas. Sue. 6. And be it further enacted, That there be appointed one person Dlmii ”t*°*· as district attorney, and one person as marshal, for said western district, fz? s,;,??, whose terms of appointment and service, as well as duties and emoluments, tricts. shall be the same with those respectively appertaining to the said offices in the district of Texas; and said marshal shall give the same bond that other marshals are required to give, to be approved and recorded as now directed by law: Provided, That the present district attorney of the district of Texas shall be the district attorney for the eastern district, but shall retain charge of all suits already commenced until the final termination, unless the President of the United States shall otherwise direct; and the present marshal of the district of Texas shall be the marshal of the eastern district, during their respective official terms. Sec. 7. And be it further enacted, That all suits hereafter to be brought Apportinnyuent in either of said courts, not of a local nature, shall be brought in the g;Sg;Q;‘;‘;%°3S_ court of the district where the defendant resides; but if there be more tricts. it Something seems wanting here to complete the sense, but the Rolls are as is printed above.