Chapter CLXXV. *to establish the western judicial District of Wisconsin*
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CHAP. CLXXV.— An Act *to establish the western judicial District of Wisconsin*. June 30, 1870. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Western judicial district of Wisconsin established. That that portion of the State of Wisconsin comprising the counties of Rock, Jefferson, Dane, Greene, Grant, Columbia, Iowa, LaFayette, Sauk, Richland, Crawford, Vernon, LaCrosse, Monroe, Adams, Juneau, Buffalo, Chippewa, Dunn, Clark, Jackson, Eau Claire, Pepin, Marathon, Wood, Pierce, Polk, Portage, St.
Croix, Trempealeau, Douglass, Barron, Burnett, Ashland, and Bayfield, shall hereafter constitute a new judicial district to be called the western district of Wisconsin,Circuit and district courts to be hold at Madison and La Crosse. and the circuit and district courts of the United States for said western district of Wisconsin shall be held at the city of Madison and at the city of La Crosse, within said district. Sec. 2. *And be it further enacted*, That a term of the circuit and districtTerms of circuit and district courts. court of the United Slates for said western district shall be held at the city of Madison on the first Monday of June, and at the city of La Crosse on the first Monday of December, in each year.
Sec. 3. *And be it further enacted*, That the district of Wisconsin shallEastern district. hereafter consist of the counties of said State not named in this act, and shall be called the eastern district of Wisconsin ; and circuit and districtTerms of courts. courts of the United States shall be held in said eastern district, as follows : At the city of Oshkosh on the first Monday of July, and at the city of Milwaukee on the first Monday of January and on the first Monday of October, in each year.
Sec. 4. *And be it further enacted*, That the said circuit or district courtSpecial terms. for either of said districts may, in its discretion, order special terms, and order a grand or petit jury, or both, to attend the same, by an order to beGrand and petit jury. entered of record twenty days before the day at which said special term shall be ordered to convene; and said courts respectively at such special terms shall have all the powers that they have at a regular term appointed by law ;
Provided, however, That no special term of said circuit court forSpecial terms of circuit court. either district shall be appointed except by and with the concurrence and consent of the circuit judge. Sec. 5. *And be it further enacted*, That all suits and other proceedings,Provision for pending casas and process. of whatsoever name or nature, now pending in the circuit or district court of the United States for the district of Wisconsin, shall be tried and disposed of in the circuit and district courts respectively, for said eastern district as the same would have been if this act had not been passed, and172FORTY-FIRST CONGRESS.
Sess. II. Ch. 175. 1870. for that purpose jurisdiction is reserved to the said courts in the said Records and files of the courts.eastern district; and the clerks of the circuit and district courts of the present district of Wisconsin shall retain the records and files of the said circuit and district courts at the city of Milwaukee, and do and perform all the duties appertaining to their said offices, respectively, within the eastern district, except as is hereinafter provided ; and all process returnable to or proceedings noticed for any term of the present circuit or district court shall be deemed to be returnable to the next term of said courts, respectively, in the said eastern district, as fixed by this act.
Sec. 6. Cases may be transferred to western district upon application, &c.*And be it further enacted*, That upon application of any party to any suit or proceeding now pending in the present circuit or district courts of the United Slates for the present district of Wisconsin, which should have been commenced in the proper court for the western district if this act had been in force at the time of the commencement thereof, the proper court shall order that the same be removed for further proceedings Papers, &c.to the proper court for said western district; and thereupon the clerk shall transmit certified copies of all the papers and of all orders made therein to the clerk of the court to which said suit or proceeding shall be removed, and all further proceedings shall be had in said court to which the same shall be removed as if the said suit or proceeding had originally been commenced therein.
Sec. 7. Existing liens of judgments and decrees not affected.Final process, &c.*And be it further enacted*, That the passage of this act shall not have the effect to destroy or impair the lien of any judgment or decree rendered by the circuit or district court of the United States for the present district of Wisconsin, prior to this act taking effect; and final process on any judgment or decree entered in the circuit or district court of the United States for the district of Wisconsin, or which shall *ben* [be] entered therein prior to this act taking effect, and all other process for the enforcement of any order of said courts, respectively, in any cause or proceeding now pending therein, except causes or proceedings removed as herein provided, shall be issued from and made returnable to the proper court for the eastern district of Wisconsin, and may be directed to and executed by the marshal of the United States for the said eastern district in any part of the State of Wisconsin.
Sec. 8. District judge for western district.Salary.Marshal and district attorney.*And be it further enacted*, That there shall be appointed a district judge for said western district of Wisconsin, who shall receive an annual salary of three thousand five hundred dollars ; and there shall also be appointed a marshal and district attorney of the United States for said western district of Wisconsin, who shall respectively receive such fees and compensation, and exercise such powers and perform such duties as are fixed and enjoined by law.
Sec. 9. Clerks of circuit and district courts in western district.*And be it further enacted*, That the circuit and district judges shall appoint two clerks, each of whom shall be clerks both of the circuit and district courts for said western district, one of whom shall reside and keep his office at the city of Madison, and the other shall reside and keep his office at the city of La Crosse, who shall receive the fees and compensation for services performed by them, respectively, now fixed by law.
Sec. 10. Transcripts of records, &c. in clerk’s office in eastern district concerning liens, &c. on real estate in western district when made, &c. and recorded in western district to have same effect as originals.*And be it further enacted*, That either of the clerks of the circuit and district courts for said western district is hereby authorized under the direction of the district judge of said western district to make a transcript from any of the records, files, or papers of the district and circuit courts of the United States remaining in the office of the clerks in said eastern district, of all matters and proceedings which relate to or concern liens upon or titles to real estate situate in said western district; and for that purpose shall have access to said records in the office of the said clerks in said eastern district; and such transcripts, when so made by either of said clerks, shall be certified to be true and correct by the clerk making the same, and the same when so made and certified shall be evidence in all courts and places equally with said originals.
FORTY-FIRST CONGRESS. Sess. II. Ch. 175, 176, 177. 1870. 173 Sec. 11. *And be it further enacted*, That this act shall not affect theTaking of census of 1870 not affected by this act. taking of the census in the State of Wisconsin, in anno Domini eighteen hundred and seventy; but the same shall be had, made, and taken as though this act had not been passed. Approved, June 29, 1870.