Chapter 169.
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CHAP. 169.— AN ACT to provide for circuit and district courts of the United States at Toledo, Ohio.June 8, 1878. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Circuit and district courts at Toledo, Ohio.Terms.Juries. That a term of the circuit court and district court for the northern district of Ohio shall be held at Toledo, in said State, on the first Tuesday of the months of June and December in each year; and one grand jury and one petit jury only shall be summoned, and serve in both of said courts at each term thereof.
And the existing provisions of law fixing the times of holding the district court at Toledo are hereby repealed. 102 FORTY-FIFTH CONGRESS. Sess. II. Ch. 169, 170. 180. 1878. Sec. 2. Said northern district shall be, and hereby is, divided intoNorthern district divided. two divisions, to be known as the eastern and the western division of the northern district of Ohio. The western division shall consist of twenty-four counties, to wit; Williams, Defiance, Paulding, Van Wert, Mercer, Auglaize, Allen, Putnam, Henry, Fulton, Lucas, Wood, Hancock, Hardin, Logan, Union, Delaware, Marion, Wyandot, Seneca, Sandusky, Ottawa.
Erie, and Huron; and the eastern division shall consist of the remaining counties in said district. But no additional clerk or marshal shall be appointed in said district. Sec. 3. All suits not of a local nature in the circuit and district Suits, where to be brought.courts, against a single defendant, inhabitant of such State, must be brought in the division of the district where he resides; but if there are two or more defendants, residing in different divisions of the district, such suits may be brought in either division.
All issues of fact Place of trial.in such suits shall be tried at a term of the court held in the division where the suit is so brought. Sec. 4. All offenses committed in either of the subdivisions shall beOffenses, where to be tried. cognizable and indictable within said division. Sec. 5. Actions or proceedings now pending at Cleveland, in saidTransfer of pending causes. district, which would under this act be brought in the western division of said district, may be transferred, by consent of all the parties, to said western division; and in ease of such transfer, all papers and tiles therein, with copies of all journal entries, shall be transferred to the deputy clerks office at Toledo; and the same shall be proceeded with in all respects as though it originally commenced in the western division.
Sec. 6. All grand and petit jurors summoned for service in each division shall be residents of such division.Jurors’s residence.Service of process. All mesne and final process, subject to the provisions hereinbefore contained, issued in either of said divisions, may be served and executed in either or both of the divisions. Sec. 7. This act shall be in force from and after the first day of September,Taking effect of act. anno Domini eighteen hundred and seventy-eight. And all acts and parts of acts inconsistent herewith are hereby repealed.
Approved, June 8, 1878.