Page:United States Statutes at Large Volume 5.djvu/331

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TWENTY-FIFTII CONGRESS. Sess. II. Ch. 182. 1838. 295 the present marshal of the district of ¥Vest Florida, to execute all process now in his hands, and he shall be responsible in like manner as if this act had not passed. Sec. 4. And be it further enacted, That the judge, marshal, and dis- Sm, , gw 0; trict attorney shall have the same salaries, fees, and compensation as the judge, &c. are allowed and paid to the other judges, marshals and district attorneys in said Territory under the laws of the United States, or the Territory of Florida, out of any money in the Treasury not otherwise appropriated. Approved, July 7, 1838. Sryrurn II. CHAP. CLXXXII.-An Act to increase, and regulate the terms of the circuit and July 7, 1838. district courts for the northern distract of the State of New York. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be Four m ular four regular terms of the district court of the United States for the ¥¤Fm¤0Y¢€$= disnorthern district of the State of New York in each year; one of which, m to commence on the third Tuesday in January, shall be held in the city ` of Albany; and one to commence on the second Tuesday in July, shall At Albany. be held at the city of Utica; and one to commence on the third Tuesday of May, shall be held at the city of Rochester; and one to com- A¢U¥i<>¤· mence on the second Tuesday of October, shall be held at the city of §,;°£f)Bt°r‘ Buffalo. And there shall also be held one other term annually, at such one other-l time and in such place within the counties of St. Lawrence, Clinton, or ¤¤¤¤· Franklin, as the judge of said district shall from time to time appoint, by a notice of at least forty days, to be published in the State paperof the State of New York, which latter term shall be held only for the trial of issues of fact arising within the said three last mentioned counties ; but nothing herein contained shall prevent the judge of said court from holding special terms thereof at the places above specified, or at any other places in said district, in addition to said regular terms, when he shall deem it necessary. Sec. 2. And be it farther enacted, That the term of the circuit The circuit court for the said northern district, now required by law to be held an- ¢<>¤¤ i¤ beheld nually at Albany on the second Tuesday of June, be hereafter held at mC8"“"da'g°“‘ Canandaigua, in the county of Ontario, on the Tuesday next after the third Monday of June in each year. Sec. 3. And be itjhrtlter enacted, That, for the purpose of trying The district to all issues. of tact, triable by a jury in the district court of the United Pc ¤¤£d¤V¤g?<l States for the northern district of New York, the said district shall be r°° m' subdivided into three divisions, as follows, to wit: all that part of said district lying westward of the west lines of the counties of Cayuga, Tompkins, and Tioga, shall constitute the western division; the coun- The western ties of St. Lawrence, Franklin, and Clinton, shall constitute the north- dxf-*0,;*- d, _ cm division; and all the remainder of the district shall constitute the 8,0:11 em m` eastern division. And all such issues of fact shall be tried at a term of Eastern divisaid court to beheld in the division where the cause of action may have S¤°¤· arisen, unless the said court, for good cause shown, shall order such issue to be tried elsewhere. And all issues of fact in the said circuit Where the iscourt to be tried by a jury, where the cause of action may have arisen i‘;°;;’g*°lSh°u in the northern or eastern division aforesaid, shall be tried at the term ' of said circuit court to be held at Albany, and all other issues of fact in said circuit court to be tried by a jury, where the cause of action may have arisen in the western division of said district, shall be tried at the term of said circuit court to be held at Canandaigua. But nothing herein contained shall prevent either of said courts, by general (a) See vol. 3, 120, 414.