Chapter CLXV. *in Relation to the Circuit Court in and for the District of Wisconsin, and for other Purposes.* June 27, 1864. *Be it enacted by the Senate and Bouse of Representatives of the United States of America in Congress assembled*, That the act entitled “An actRepeal of act 1863, ch. 113
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Chap. CLXV.— An Act *in Relation to the Circuit Court in and for the District of Wisconsin, and for other Purposes.* June 27, 1864. *Be it enacted by the Senate and Bouse of Representatives of the United States of America in Congress assembled*, That the act entitled “An actRepeal of act 1863, ch. 113.Vol. xii. p. 807. to enable the district courts of the United States to issue execution and other final process in certain cases,” approved March three, eighteen hundred and sixty-three, be, and the same is hereby, repealed.
Sec. 2. *And be it further enacted*, That in all cases, wherein the districtPapers in cases in certain district courts to be transferred to circuit courts.1862, ch. 178.Vol. xii. p. 576. courts of the United States within and for the several districts of Texas, Florida, Wisconsin, Minnesota, Iowa, and Kansas had rendered judgments or decrees prior to the passage of an act approved July fifteenth, eighteen hundred and sixty-two, creating circuit courts for said districts, which cases might have been brought, and could have been originally cognizable in a circuit court, the original papers and all other papers now on file in the district courts aforesaid, shall be transferred into the clerk’s office of the circuit court for the district in which said causes were heard and determined.
And it shall be the duty of the district-court clerks of said districts, respectively, to have said papers so removed. And it shall also be the duty of said district-court clerks to transfer to the offices of the circuit-court clerks aforesaid the books of records and journals of the district courts aforesaid, in which are any entries, orders, or proceedings affecting, or in any manner relating to, cases which were of circuit-court cognizance, or which might have been presented in a circuit court, after having first copied into a book for that purpose provided, all entries, order’s, or other proceedings, which may beProviso. found in said books, journals, or records relating in any manner to cases which were not of circuit-court cognizance, and which could not have been prosecuted in a circuit court.
Sec. 3. *And be it further enacted*, That for the necessary costs andCost of transfer and fees. expenses of this transfer of books and papers, and for the expense of pro-curing books to copy the entries and orders above mentioned, and for the copying of said record entries from the original book into the new one, at the same rate of compensation now allowed to clerks of courts for copies from their records, the clerks of the district courts shall be paid, out of any money in the treasury of the United States not otherwise appropriated, upon the certificate of the judge of the district court.
Sec. 4. *And be it further enacted*, That the transcripts thus made intoTranscripts certified to, to have same effect as originals.Clerks to have custody of papers. a new book, after said book shall have been certified by the clerk to be full and true copies from the original book, shall have the same force and effect as records as the originals; and that the clerks of the circuit courts aforesaid shall be the custodians of the books and papers transferred to their offices, and their certificate of a transcript of any of said books or papers shall be received in evidence with the like effect as if made by the clerk of the court in which the proceedings were had.
Sec. 5. *And be it further enacted*, That the terms of the circuit and districtTerms of circuit and district courts in Wisconsin. courts of the United States for said district of Wisconsin shall hereafter be held as follows: at the city of Milwaukie, in said district, on the second Monday of April and the second Monday of September, and at the city of Madison, in said district, on the first Monday of January in each200THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 166, 167, 168. 1864. Pending process.year, respectively.
And all writs, process, and proceedings returnable to the terms of either of said courts, as now fixed by law, shall be deemed returnable, and shall be continued to the terms of said courts, respectively, as fixed by this act: *Provided*, That all executions, processes, or orders issued from the district court of any district in this act mentioned, in cases transferred to the circuit court, and in part executed, shall be regarded as having been issued from the circuit court to which each particular case is transferred, and shall be returned thereto.
And no writ of execution or other final process, or power exercised, or proceeding had in accordance with law to enforce any judgment or decree shall be affected by reason of the transfer directed by this act. Approved, June 27, 1864.