Chapter CC. *to amend an Act entitled “An Act to provide for holding a Circuit Court of the United States in the western District of Missouri,” approved June eight, eighteen hundred and seventy-two*
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CHAP. CC.— An Act *to amend an Act entitled “An Act to provide for holding a Circuit Court of the United States in the western District of Missouri,” approved June eight, eighteen hundred and seventy-two*. Feb. 25, 1873.1872, ch. 334.*Ante*, p. 282. *Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled*, Circuit court of the United States for the eastern district of Missouri to dispose of all suits, &c., in the late circuit court.
That the circuit court of the United States in and for the eastern district of Missouri, which was created by the act of which this act is amendatory, is hereby vested with full and complete jurisdiction to hear, determine, and dispose of, according to the usual course of judicial proceedings, all suits, causes, motious, and other matters which were pending in the late circuit court of the United States in and for the districts of Missouri at the time the act of which this act is amendatory took effect, and also all other matters which have since arisen that pertain to said suits or causes; and also to make all orders and issue of all processes which said last-named court might have done if it had not ceased to exist; and said circuit court in and for said eastern district of Missouri is hereby vested with jurisdiction and authority to do all and singular that may in the due course of judicial proceedings pertain to any of said suits, causes, or unfinished business, as fully as the said circuit court in and for the districts of Missouri might have done if said act had never been passed.
Sec. 2. All process, &c., made valid;That the service of process, mesne or final, issued out of said circuit court of the United States in and for the district of Missouri, which service was had after the act of which this act is amendatory took effect, and all levies, seizures, and sales made thereunder, also all service, seizures, levies, and sales made under any process which issued as out of said court after the said act took effect, are hereby made valid; and where to be deemed returnable.all said processes are to be deemed returnable to said circuit court of the United States in and for the eastern district of Missouri as of the return day thereof.
Sec. 3. Cases pending in either of the circuit courts, commenced prior to, &c., may be transferred to the other court.That either of said United States circuit courts in and for the eastern and in and for the western district of Missouri may order any suit, cause, or other matter pending therein, and commenced prior to the creation of said new court, to be transferred for trial or determination to the other of said circuit courts, when, in the opinion of the court, said transfer ought to be made; and the court to which said transfer is made shall have as full authority and jurisdiction over the same from the date the certified transcript of the record thereof is filed as if tire same had been originally pending therein.
Sec. 4. Clerk for eastern district to have the custody of records, &c.That the clerk of said circuit court in and for the eastern district of Missouri, and his successors in office, shall have the custody of all records, books, papers, and property belonging or in any wise apper-FORTY-SECOND CONGRESS. Sess. III. Ch. 201, 202, 207. 1873.477taining to said circuit court of the United States in and for the districts of Missouri, and, as such custodians and the successors of the clerk of said last-named court, they are hereby invested with the same powers and authority with respect thereto as the clerk thereof had during the existence of said last-named circuit court.
Said circuit court of the UnitedCircuit court for eastern district made the successor, &c. States in and for the eastern district of Missouri is hereby made the successor of said circuit court of the United States in and for the districts of Missouri as to all suits, causes, and unfinished business therein or in any wise pertaining thereto, except as hereinbefore provided. Sec. 5. That hereafter there shall be two regular stated terms eachTerms of district court in eastern district. year of the district court of the United States in and for the eastern district of Missouri, commencing on the first Mondays, respectively, of May and November, in lieu of those now fixed by law, and no action, suit, proceeding, or process in said court shall abate or be rendered invalid by reason of this act, but all of the same not previously disposed of orPending process. otherwise provided for by special order of said court shall lie deemed returnable to, pending, and triable at the next term of said district court established by this act which may be held after this act takes effect: *Provided, however*, That nothing herein contained shall be construed toProviso. repeal the powers heretofore granted for ordering special or adjourned terms of said court, or the powers and duties of the judge of said court in vacation and at chambers.
Approved, February 25, 1873.