Page:United States Statutes at Large Volume 10.djvu/625

THIRTY-THIRD CONGRESS. Sess. II. Ch. 73. 1855. 605 to wit: At the city of Cincinnati, for the southern district, on the third Tuesdays of April and October, and at the city of Cleveland, for the northern district, on the second Tuesdays of July and November, in each year; and the said courts are hereby authorized to hold adjourned terms, when the business before the court shall, in the opinion of the court, require it. Sec. 3. And be it further enacted, That all suits and other proceed- __ ings, of whatever name or nature, now pending in the circuit or district Dj€P°s‘l‘°“ °f courts of the United States for the district of Ohio, shall be tried and dis- pw mg mm' posed of in the circuit and district courts respectively, for the southern district of Ohio, 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 southern district, and the clerk of the circuit and district courts, for the present district of Ohio, shall remove the records and tiles of the said circuit and district courts to the city of Cincinnati, and do, and perform, all the duties appertaining to his office within the southern district; and all process and other proceedings taken or issued, or made returnable io the circuit or district court for the present district of Ohio, shall be returnable at the next term of the said courts respectively, in the southern district of Ohio. Sino. 4. And be it jnerther enacted, That upon the application of any party to any suit new pending, which would have been commenced in the gzsmovui or Suits northern district, if this act had been in force before the commencement M0 W}, **0**1** of said suit, the proper court may, and if all parties consent, shall order cm dismcl that the same be removed for further proceedings to the proper court for the northern district; and thereupon, the clerk shall transmit all the papers in the cause, with a transcript of the order of the removal, 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 suit had been originally commenced therein. Sec. 5. And 6e it farther enacted, That the present judge of the district _Present district of Ohio bc, and he is hereby, assigned to hold said courts in the southern fj; bfh;h° district of Ohio, and shall exercise the same jurisdiction, and pcrtbrm the g]0ufi,G,·,,dgw»;c1;_ same duties, within saidfdistrict, as he now exercises and performs within his present district. Sec. 6. And be itfwrther enacted, That final process upon any judgment or decree entered in the circuit or district court of the United States for the district of Ohio, and all other process for the enforcement Execution 0; of any order of said courts, respectively, in any cause now pending ii¤n\_pr¤¤qS¤ i¤ therein, except causes removed as hereinbefore provided, shall be issued l’9“‘l"‘*'i S“““‘ from and made returnable to the proper court for the southern district of Ohio, and may run and be executed by the marshal of said southern district in any part of said State. SEO. 7. And be itfarther enacted, That there be appointed a district District judge judge for the said northern district of Ohio; who shall possess the same f§{cg{°”h°*** du" powers, aud do and perform all such duties in his district as are now enjoined or in anywise appertaining to the present district judge for the district of Ohio, and the district judge of each district shall be entitled to the same compensation as bylaw is provided for the present judge for the Compensation. district of Ohio. Sec. 8. And be it further enacted, That there be appointed one person District attoras district attorney, and one person as marshal, for said southern district, psgsggghggrggl whose terms of appointment and service, as well as duties and emolu- meh ments, shall be the same with those respectively appertaining to the said Pay;] otiices in the district of Ohio; and said marshal shall give the same bond Bm ‘ 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 P¢<>V1¤0 district of Ohio shall be the district attorney of the northern district, but shall retain the charge of all suits already commenced until final termina-