Chapter LXXIII. *to divide the State of Ohio into two Judicial Districts, and to provide for holding the District and Circuit Courts of the United States therein.* Feb. 10, 1855. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the State of Ohio
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Chap. LXXIII.— An Act *to divide the State of Ohio into two Judicial Districts, and to provide for holding the District and Circuit Courts of the United States therein.* Feb. 10, 1855. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the State of Ohio be, and Ohio divided into two judicial districts.the same is hereby, divided into two judicial districts, in the following manner, to wit: The counties of Belmont, Guernsey, Muskingum, Licking, Franklin, Madison, Champaign, Shelby, and Mercer, together with all that part of the State lying south of the above-mentioned counties, shall compose one district, to be called the southern district of Ohio, and a court shall be held for the said district at the city of Cincinnati, and all the remaining part of said State shall compose another district, to be called the northern district of Ohio, and a court shall be held for the same in the city of Cleveland, in said State.
Terms of circuit and district courts. Sec. 2. *And be it further enacted,* That there shall be two terms of the circuit and district courts begun and held in each of said districts, THIRTY-THIRD CONGRESS. Sess. II. Ch. 73. 1855. 605to 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 proceedings, Disposition of ponding cases.of whatever name or nature, now pending in the circuit or district courts of the United States for the district of Ohio, shall be tried and disposed 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 files 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 to 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.
Sec. 4. *And be it further enacted,* That upon the application of any party to any suit now pending, which would have been commenced in the Removal of suits into the northern district.northern district, if this act had been in force before the commencement of said suit, the proper court may, and if all parties consent, shall order 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 be it further enacted,* That the present judge of the district Present district judge to be the judge of the southern district.of Ohio be, and he is hereby, assigned to hold said courts in the southern district of Ohio, and shall exercise the same jurisdiction, and perform the same duties, within said district, as he now exercises and performs within his present district. Sec. 6. *And be it further 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 of final process in pending suits.of any order of said courts, respectively, in any cause now pending therein, except causes removed as hereinbefore provided, shall he issued 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.
Sec. 7. *And be it further enacted,* That there be appointed a district District judge for northern district.judge for the said northern district of Ohio; who shall possess the same powers, and 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 by law 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 attorney and marshal for southern district. Pay. Bond.as district attorney, and one person as marshal, for said southern district, whose terms of appointment and service, as well as duties and emoluments, shall be the same with those respectively appertaining to the said offices in the district of Ohio; and said marshal shall give the same bond 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 Provisodistrict of Ohio shall be the district attorney of the northern district, but shall retain the charge of all suits already commenced until final termina-606THIRTY-THIRD CONGRESS.
Sees. II. Ch. 96. 1855.tion, unicas the President of the United States shall otherwise direct; and the present marshal of the district of Ohio shall he the marshal of the northern district, during their respective official terms. Venue of cases hereafter commenced. Sec. 9. *And be it further enacted,* That all suits hereafter to he brought in either of said courts, not of a local nature, shall be brought in the court of the district where the defendant resides; but if there be more than one defendant and they reside in different districts, the plaintiff may sue in either and send a duplicate writ against the defendants, directed to the marshal of the other district, on which an indorsement shall be made that the writ thus sent is a copy of a writ sued out of the court of the proper district; and the said writs, when executed and returned into the office from whence they issued, shall constitute one suit, and be proceeded in accordingly.
Approved, February 10, 1855.