Page:United States Statutes at Large Volume 24.djvu/476

FORTY-NINTH CONGRESS. Sess. II. Ch. 315. 1887. 443 which he himself may not reside, who shall have all the powers of the clerk in his absence. Sec. 6. That the marshal and clerk for said northern district of Deputy marshal, Illinois shall respectively appoint at least one deputy residing in the Md °l°’k· said southern division, unless he shall reside there himself, and also maintain an office at that place of holding court. Sec. 7. That all causes and proceedings in law, equity, admirality, Trausfersofpendor bankruptcy now pending in the circuit or district court of the north- his ¤¤¤¤¤¤· ern district of Illinois, where all the defendants (or the plaintiffs, when the jurisdiction is derived from the residence of the plaintitf or complainants within the district shall reside in the southern division of said district, shall be transferred to the court of such division, said transfer to he made in vacation or in term-time; if made in vacation, only on the affidavit that all the said parties plaintiff or defendant, as the case may be, are residents of said southern division, and ten days’ notice of the purpose and time of the hearing of said motion ; but if ' made in term-time, then on motion and andavit only. Szc. 8. That all civil causes now pending in the United States circuit Transfers from or district court for the southern district of Illinois against parties re- °°“*h°m d*°*“°*· siding in that portion of said district by this act annexed to and incorporated in the said northern district may remain and be tinally disposed of, respectively, in the court in which they are now pending, unless the defendants therein shall desire to have the same transferred to the appropriate division of said court in the district in which they reside, as provided by this act; in which last event such transfer shall be applied for and made to the court for the division of the residence of such defendant in said northern district, or to the court of the southern district, as the case may be, in the manner above provided in the seventh section hereof for the transfer of pending causes from the court of the northern division of said northern district to that of the southern division thereof, mutatis mutandis. Sec. 9. That when a cause shall be transferred as above provided by Tr¤¤¤mitiv·1 of the seventh and eighth sections hereof, either from the northern divis- “’°°’d°P°P°”· °*°* ion of said northern district to the southern division thereof, or from the southern district of Illinois to the southern division of said northern district, it shall be the duty of the Clerk of the Court from which the transfer is made to carefully transmit to the Clerk of the court to which the transfer is made the entire tiles of papers in the eause,and all documents and deposits in his court pertaining thereto, together with a certified transcript of the record of all orders, interlocutory decrees, or other entries in said cause; and he shall also certify, under_ the seal of the court, that the papers sent are all which are on tile in said court belonging to said cause; for the performance of which duties said clerk so transmitting and certifying shall receive the same fees as are now allowed by law for similar services, to be taxed in the bill of costs and regularly collected with the other costs in the cause; and such trauscript, when so certified and received, shall thenceforth constitute a pgrt os the record of the cause in the court to which the transfer shall ma e. S20. 10. That the judge of the United States circuit or district court Special targus iu for said northern district of Illinois may, by order, from time to time, °°“‘h°'“ d'“°‘°°· appoint and hold additional special terms of said court in said southern division of said district, for the disposal of the untinished business thereof, whenever the interest of the public and condition of the docket shall so require. _ Sec. 11. That all crimes and oiienses heretofore committed within the C¤¤°¤» °*°· said district shall be prosecuted, tried, and determined in the same manner and with the same etlect as if this act had not been passed. Approved, March 2, 1887.