Page:United States Statutes at Large Volume 9.djvu/437

THIRTIETH CONGRESS. Sess. II. Ch. 124. 1849. 411 pose of trying all issues of fact, triable by a jury in the District Court eratqd i¤t¤ three gf the United States for the district of Iowa, as established by the act d"“‘°"“‘ entitled "An Act supplemental to the act for the admission of the States 1845 ch 76- of Iowa and Florida into the Union," approved third March, eighteen ’ ` hundred and forty-tive, the said district shall be separated into three divisions, as follows, to wit: All that part of said district lying within the Dubuque land district, as altered by the "Act to establish an 18.,6, 0h_ 10g_ additional land district in Iowa," approved eighth August, eighteen hundred and forty-six, shall constitute the northern division, and a _Iforthern diregnlar term of said court for said division shall be held annually at ““°“· Dubuque, to commence on the first Monday in January; all that part of said district lying within the Iowa land district, as established by the "Aot to establish an additional land district in Iowa," approved eighth August, eighteen hundred and forty-six, shall constitute the jg_j6_ch_ my middle division, and a regular term of said court for this division shall _Middlc divibe held annually at Iowa city, to commence on the lirst Monday in s‘°"‘ October; and the residue of the State of Iowa shall constitute the , , southern division, and a regular term of said court for this division s,§“th°'“ dl"` shall be held annually at Burlington, to commence on the first Monday in June; and should the judge of the said district court fail to attend at the time and place of holding any one of the regular terms of the court, for either of the said divisions of the aforesaid district, before the close of the fourth day of any such term, the business pending in such court shall stand adjourned to the next regular term thereof: Provided, That whenever the judge of said court, from any cause, Provisa as to shall fail to hold a regular term of said court for either of said divisions, ‘P°°‘“l ““‘°”· it shall be his duty, if in his opinion the business in said court shall require, to hold an intermediate term of said court, at such time as he shall, by his order, under his hand and seal, direct, addressed to the clerk and marshal of said court, at least thirty days previous to the commencement of said term, and to be published, in the several newspapers published in the bounds of said division and district, the same length of time; and, at any and all such intermediate terms, the business of any such courts, of every nature and description whatsoever, shall have reference to, and be proceeded with, in the same manner as if the same were a regular term of the said court. And all such issues of fact shall be tried at a term of said court, to be held in the venus_ division where such suit should hereafter be commenced, in accordance with the third section of this act. But nothing herein contained shall prevent the said District Court, by general rule, from regulating the venue of transitory actions, either in law or in equity, and from changing the same for a good cause to be shown. Srcc. 2. And be it further enacted, That all issues now pending in G¤¤¢S_ MQW the said District Court shall be tried at the places above prescribed for m§,,$,D:5§ holding such court, within the division where the cause of action may Iowa to be tried have arisen, unless otherwise ordered by said court, in pursuance of the :‘,w;l;°th‘Q‘;‘:;‘;‘; authority given in the first section of this act; and no process issued, of action may or proceedings pending, in the said District Court shall be avoided or h¤*‘<= =¤iS•=¤» &°· impaired by this change of the time and place of holding such court; but all process, bail bonds, and recognizances, returnable at the next term of the said court, shall be returnable and returned to the court next held at the appropriate place, according to this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly; and all continuances may be made to conform to the provisions of this act. Sec. 3. And be it further enacted, That all suits hereafter to be How and l>1‘0¤ght in the said District Court, not of a local nature, shall be brought ",l‘*’° '““’ Mg: lu {court of the division of the district where the defendant resides; i,,i,°;q;,,¤i;y nu but if there be more than one defendant, and they reside in different District Court.