Chapter C. to divide the State of Missouri into two Judicial Districts
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Chap. C.— An Act to divide the State of Missouri into two Judicial Districts. March 3, 1857. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the State of Missouri isMissouri divided into two judicial districts. hereby divided into two judicial districts, in the following manner, to wit: the counties of Schuyler, Adair, Knox, Shelby, Monroe, Audrain, Montgomery, Gasconade, Franklin, Washington, Reynolds, Shannon, and Oregon, as the same were bounded on the first day of January, eighteen hundred and fifty-seven, with all that part of the State lying east of the above-mentioned counties, shall compose one district, to be called the eastern district of Missouri, and a court shall be held for the said district at the city of Saint Louis, in said State.
All the remaining part of saidShire towns. State shall compose another district, to be called the western district of Missouri, and a court shall be held for the same in the city of Jefferson, in said State. Sec. 2. *And be it further enacted*, That there shall be two terms ofTerms of district courts. the district court begun and held in and for said western district, at the city of Jefferson, on the first Mondays of March and September of each year; and there shall be three terms of the district court begun and held in and for said eastern district, at the city of St.
Louis, on the third Mondays of February, May, and November of each year; and the said courts are hereby authorized to bold 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 proceedingsPending cases to be tried in the western district. of whatever name or nature now pending in the district court of the United States for the present district of Missouri, shall be tried arid disposed of in the district court for said western district, 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 district court in the said western district; and all process and other proceedings taken or issued or made returnable to the district court for the present district of Missouri, shall be returnable at the next term of said district court in and for said western district of Missouri.
Sec. 4. *And be it further enacted*, That upon the application of anyPending cases may be removed party to any suit now pending in the district court for the present district198 to eastern district by consent.of Missouri, and which would have been commenced in the said eastern district if this act had been in force before the commencement of said suit, the district court for said western district may, and if all parties consent, shall order that the same be removed for further proceedings to the district court for the said eastern district; and thereupon the clerk of the district court for said western district shall transmit all the papers in the cause, with a transcript of the order of the removal, to the clerk of the district court of said eastern district, and all further proceedings shall be had in said court as if the suit had been originally commenced therein.
Sec. 5. Present district judge to be judge of the western district.*And be it further enacted*, That the present judge of the district of Missouri, be and he is hereby assigned to hold said district court in and for the western district of Missouri, and shall exercise the same jurisdiction and perform the same duties within said western district as he now exercises and performs within his present district. Sec. 6. Process.*And be it further enacted*, That final process upon any judgment or decree entered in the district court of the United States for the district of Missouri, and all other process for the enforcement of any order of said court, in any cause now pending therein, except causes removed as hereinbefore provided shall be issued from and made returnable to the district court for said western district of Missouri, and may run and be executed by the marshal of said western district, in any part of said State.
Sec. 7. Judge for eastern district to be appointed.*And be it further enacted*, That the office of district judge of said eastern district of Missouri, be and the same is hereby created, and a fit person shall be appointed such district judge, who shall exercise the same jurisdiction and perform the same duties within said eastern district as the district judge of the present district of Missouri now exercises and Salary.performs within his present district And the district judge of said eastern district shall be entitled to an annual salary of three thousand dollars, and the judge of the western district the salary now provided by law.
Sec. 8. District Attorney, Marshal and Clerk.*And be it further enacted*, That the present district attorney for the district of Missouri shall be the district attorney for the said eastern district; the present marshal for the district of Missouri shall be marshal for said eastern district; and the present clerk of the district court for the district of Missouri shall be clerk of the district court for said western district. Sec. 9. Same subject.*And be it further enacted*, That there be appointed a district attorney and a marshal for said western district; mid a clerk of the district court for said eastern district shall be appointed by the judge thereof.
Sec. 10. Circuit Court for Missouri.*And be it further enacted*, That the circuit court of the United States in and for the present district of Missouri, shall be begun and held at. the same times and place as heretofore; it shall in all things retain jurisdiction of all matters now pending therein, and have and exercise the same original jurisdiction in said State as is vested in the several circuit courts of the United States, as organized under existing laws, Jurisdiction.and shall also have and exercise the same appellate jurisdiction over the district courts of the United States for said eastern and western districts of Missouri as by existing laws is vested in the several circuit courts of the United States over the district courts of the United States, in their respective circuits.
Said circuit court shall be called the circuit court in and for the districts of Missouri, and shall be composed of the justice of the supreme court assigned to said circuit and the two judges of the eastern and western districts of Missouri, but may be held by any one or By whom held.more of said three judges in the absence of the remainder. Said justice of the supreme court, or in his absence, the oldest in commission of said two district judges, shall be the presiding judge of said circuit court; and in case of any division of opinion among the judges of said circuit court, the opinion of the presiding judge shall prevail and be the judg-THIRTY-FOURTH CONGRESS.
Sess. III. Ch. 101, 102. 1857.199nient of the said circuit, court; but on any appeal to said circuit court from one of the said district courts, the judge of the district court from which such appeal was taken shall not sit in said circuit court on the trial or decision of the case so carried by appeal to said circuit court. The clerk of the circuit court for the present district of Missouri shallClerk. be and remain the clerk of the circuit court as modified by this act. The district attorney and marshal for said eastern district of MissouriDistrict Attorney.Marshal. shall act as such district attorney and marshal in said circuit court; but the process of said circuit court may be directed to the marshal of either of said eastern and western districts of Missouri, and shall be executed only by the marshal to whom it is directed, or by his duly appointed deputy, in his district.
Approved, March 3, 1857.