Chapter LVII. to divide the State of Texas into two Judicial Districts
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Chap. LVII.— An Act to divide the State of Texas into two Judicial Districts. Feb. 21, 1857. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Texas divided into two judicial districts. That the State of Texas be and the same is hereby divided into two judicial districts, in the following manner, to wit: All the territory of the State of Texas embraced in the counties of Newton, Jasper, Jefferson, Orange, Tyler, Polk, Liberty, Galveston, Harps, Montgomery, Austin, Fort Bend, Brazoria, Colorado, Wharton, Matagorda, Lavacca, Jackson, Calhoun, Dewitt, Victoria, Goliad, Refugio, San Patricio, Nueces, Cameron, Starr, Webb, and Hidalgo, as they existed in eighteen hundred and fifty-two, shall compose one district, to be called the eastern district of Texas; and all the re-gaining part of the territory of the said State shall compose another district, to be called the western district of Texas.
Sec. 2. Terms of Court.*And be it further enacted*, That there shall be held in each year four terms of the district court of the eastern district of Texas, two of which terms shall be begun and held at Galveston on the first Mondays in December and May, respectively; and the other two shall be begun and held at Brownsville on the first Mondays of March and October, respectively; and four terms of the district court of the western district of Texas shall be held in each year, two of which terms shall be begun and held at Austin on the first Mondays of January and June, respectively; and the other two shall be begun and held at Tyler on the first Mondays of March and November, respectively; and the said courts are hereby authorized to hold adjourned terms when the business of the said courts shall, in the opinion of the judge or judges, require it.
Sec. 3. Transfer of suits and process.*And be it further enacted*, That all suits and proceedings of whatever name or nature pending in the district court of Texas, at any of the places at which terms of the said courts were enjoined to be held, and which said places maybe within the eastern district of Texas, shall beTHIRTY-FOURTH CONGRESS. Sess. III. Ch. 57. 1857.165 transferred to the district court of the eastern district of Texas; and such suits and proceedings pending at any of the places at which terms of the said district court were enjoined to be held, and which said places may be within the western district, shall be transferred to the district court of the western district of Texas; and this act shall not produce a discontinuance of any such suit or proceeding, or of any order, issue, or process therein; and jurisdiction is here given to the said district courts respectively**Something seems wanting here to complete the sense, but the Rolla are as is printed above. and perform all duties appertaining to the said suits and proceedings, and to proceed to try and dispose of the same as fully as the district court of Texas was authorized to do; and all process, mesne or final, which may have issued from any of the courts of the district of Texas, shall be proceeded in and returned to the district court to be holden at the place from whence the same issued, and shall be of as full force and effect as if the said district had not been divided into two districts; and all process which may have issued from the said district court of Texas in any cause pending therein, or any penal or other process which may hereafter issue from any of the said courts to enforce any order, judgment, or decree, in any cause heretofore ended and determined therein, shall be issued from and made returnable to the court in which the said cause or the record thereof may be, and may issue and be executed by the marshal of the district from which issues in any part of the State.
Sec. 4. *And be it further enacted*, That either of the said districtSame subject. courts may, on application of the parties defendant, and for good cause shown, order any suit now pending, and transferred to such court by this act, to be removed to the proper court of the other district for further proceedings; and thereupon the clerk shall transmit all the papers in the cause, with a transcript of all the proceeding and orders in relation thereto, to the clerk of the court to which the suit shall be removed, and all further proceedings shall be had in the said court, as if the suit had been originally commenced therein.
Sec. 5. *And be it further enacted*, That the present judge of the districtThe present district judge as signed to the eastern district. of Texas be and he is hereby assigned to hold said courts in the eastern district of Texas, and shall exercise the same jurisdiction and perform the same duties within the said district as he now exercises and performs within his present district. There shall be appointed a district judgeJudge to be appointed for the western district. for the western district of Texas, who shall possess the same powers, and do and perform all such duties in his district as are now enjoyed, or in any manner appertaining to the present district judge for the district of Texas.
And the district judge of each district shall be entitled to the same compensation as by law is provided for the present judge of the district of Texas. Sec. 6. *And be it further enacted*, That there be appointed one personDistrict attorneys and marshals for said districts. as district attorney, and one person as marshal, for said western 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 Texas; 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 district of Texas shall be the district attorney for the eastern district, but shall retain charge of all suits already commenced until the final termination, unless the President of the United States shall otherwise direct; and the present marshal of the district of Texas shall be the marshal of the eastern district, during their respective official terms.
Sec. 7. *And be it further enacted*, That all suits hereafter to be broughtApportionment of jurisdiction between said districts. 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 more166THIRTY-FOURTH CONGRESS. Sess. III. Ch. 60. 1857. than one defendant, and they reside in different districts, the plaintiff may issue in either, and send a duplicate writ against the defendants, directed to the marshal of the other district, on which writ an endorsement shall be made, that the writ thus sent is a copy of a writ sued out of the court of the proper district; and said writs, when executed and returned into the office from whence they issued, shall constitute one suit and be proceeded in accordingly.
Approved, February 21, 1857.