Page:United States Statutes at Large Volume 18 Part 1.djvu/213

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'1‘rr1.m xm.-—THE JUDICIARY — Ch. 12. 141 fili the pro r pleadin or other rs in the offices of the de ut 3 MM-. 1871. ¢· cleiiks perforiidng the dddes of clerkgldf said courts respectively;pand 1°8·”·1·"·l6·P-‘*73· all proper and lawful process shall issue therefrom in the same manner as from other circuit and district courts in like cases. Sec. 74-}. ln the district of Iowa all suits not of a local nature in the iowa; where district court against a single defendant, inhabitant of such State, must ”“**“ ““’ V1 be be brought in die division of the district where he resides; but if there ‘3Y°`}ght' ___ are two or more defendants, residing in different divisions of the district. 3 Mar-. 1849, c. such suits may be brought in either division, and du licate write may ¤:·1»3»*'·9»l>l>- be sent to the other defendants. The clerk issuing the duplicate writ gb J1,:,,,, 1870 C shall indorse thereon that it is a true copy of a writ sued out of the 178, ss, 1,,3, v, is, court in the plroper division of the district; and the original and du li- p. 174. cate writs, w en executed and returned into the office from which they issue, shall constitute and be proceeded in as one suit. All issues of fact in such suits shall be tried at a term of the court held in the division where the suit is so brought. Sec. 7-15. In the district of Kentucky the clerks of the circuit and dis- Kentucky;where trict courts, respectively, upon issuing original process in a civil action, S¤iT·¤t<}1>€f€t¤f¤¤<1 shall make it returnable to the court nearest to the county of the resi- md t"°d;___, dence of- the defendant, or of that defendant whose county is nearest a 15 May, 1862, c. court, if he have information sutheient, and shall inimediately, upon 71»¤-9,V-12»l>·3$7· payment by the plaintiff of his fees accrued, send the papers tiled to the clerk of the court to which the process is made returnable; and whenever the process is not thus made returnable, any defendant may, upon motion, on or before the calling of the cause, have it transferred to the court to which it should have been sent had the clerk known the residence of the defendant when the action was brought. _ Sec. 746. When the trial or hearing of any cause, civil or criminal, in C“““i“ t‘¥‘,1"°£ a circuit or district court, has been commenced and is in progress before §§§;g,,°:,n,,;§*byn83_ a jury or the court, it shall not be stayed or discontinued by the arrival rival of new term. of the time fixed by law for another session of said court; and the court mwv proceed therein and bring it to a conclusion, in the same manner 140,,,_],v]0,p_g20f and with the same effect as if another stated term of the court had not intervened. . Sec. 747. In all the courts of the United States the parties may plead u;“'2',$;;;'“¥,a'l`:*;;‘; and manage their own causes personally, or by the assistance of such personally 0, by counsel or attorneys at law as, by the rules of the said courts, respect- counsel. lvely, are permitted to manage and conduct causes therein. s.. ·. .92. S1·:c. 748. No clerk, assistant or deputy clerk, of any territorial, dis- 20h,,,,:;;, {,,;,1,,,, trict, or circuit court, or of the Court of Claims, or the Supreme Court forbidden to pm-. of the United States, or marshal or deputy marshal of the United States tice as attorneys. within the district for which he is appointed, shall act as a solicitor, &°· proctor, attorney, or counsel in any cause depending in either of said 16 Jan., 1873, c. courts, or in any district for which he is acting as such officer, 36, S. 1,v. 17, p. 411. Sec. 749. \Vhosoever violates the preceding section shall be stricken Penalty for viefrom the roll of attorneys by the court upon complaint, upon which the 1*;}**8 P*°<>€d¤38 respondent shall have due notice, and be heard in his defense; and in °.°£El;..___. the case of a marshal or deputy marshal so acting, he shall be recom- 16 Jan., 1873, c. mended by the court for dismissal from office. 36·F· 2»"· 17»1’·*U· Sec. 750. In equity and admiralty causes, only the process, pleadings, mI;:,';*;l;“?;‘:;l;?$ and decree, and such orders and memorandums as may be necessary to ,,,,,,,,,,,,,,°,;l,_,,,;S€S_ show the jurisdiction of the court and regularity of the proceedings, _ _F -lg-,— shall be entered upon the final record. 1¤·¤sc¤>s.1 wf;’_,’Q__Y0’P_,h§;