Chapter 18. to provide for circuit and district courts of the United States at Columbus, Ohio, and transferring certain counties from the northern to the southern district in said State

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CHAP. 18.— An Act to provide for circuit and district courts of the United States at Columbus, Ohio, and transferring certain counties from the northern to the southern district in said State.Feb. 4, 1880. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,U. S. circuit and district courts of Ohio. That the counties of Union, Delaware, Morrow, Knox, Coshocton, Harrison, and Jefferson, hereto- 64 FORTY-SIXTH CONGRESS.

Sess. H. Cn. 18, 19. 1880. Counties transferred to southern district.Term to ho hold at Columbus.fore composing a part of the northern district of Ohio, be transferred to, and henceforth form a part of, the southern district of Ohio. Sec. 2. A term of the circuit court and of the district court for the southern district of Ohio shall be held at Columbus in said State on the first Tuesday of the months of June and December in each year. Sec. 3. Southern District divided into eastern and western divisions.Eastern division.

Said southern district shall be, and hereby is, divided into two divisions, to be known as the eastern and the western division of the. southern district of Ohio. The eastern division shall consist of twenty-nine counties, to wit: Union, Delaware, Morrow, Knox, Coshoc-ton, Harrison, Jefferson, Madison, Fayette, Franklin, Pickaway, Boss, Pike, Gallia, Jackson, Meigs, Vinton, Athens, Hocking, Fairfield, Licking, Perry, Muskingum, Morgan, Washington, Noble, Monroe, Belmont, Western division.and Guernsey; and the western division shall consist of the remaining counties in said district.

But no additional clerk or marshal shall be appointed in said district. Sec. 4. Suits. All suits not of a local nature in the circuit and district courts against a single defendant, inhabitant of said 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 Issues of fact.be brought in either division. All issues of fact in said suits shall be tried at a term of the court held in the division where the suit is so brought.

Sec. 5. Crimes and offenses—Where cognizable.Heretofore committed. All prosecutions for crimes or offenses hereafter committed in either of the subdivisions shall be cognizable within such division; and all prosecutions for crimes or offenses heretofore committed within either of said counties taken as aforesaid from the northern district, or committed in the southern district as hitherto constituted, shall be commenced and proceeded with as if this act had not been passed. Sec. 6.

Actions and proceedings now ponding at Cincinnati. Actions or proceedings now pending at Cincinnati, in said district, which would under this act be brought in the eastern division of said district, may be transferred, by the consent of all the parties, to said eastern division; and in case of such transfer, all papers and files therein, with copies of all journal-entries, shall be transferred to the deputy clerk’s office at Columbus, and the same shall be proceeded with in all respects as though it originally commenced in the eastern division.

Sec. 7. Jurors.Process.Service and execution.Removal of suits from State courts. All grand and petit jurors summoned for service in each division shall be residents of such division. 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. 8. Takes effect March 1, 1880.Repeal of conflicting acts. In all cases of removal of suits from the courts of the State of Ohio to the courts of the United States in the southern district of Ohio, such removal shall be to the United States courts in the division in which the county is situated from which the removal is made; and the time within which' the removal shall be perfected in so far as it refers to or is regulated by the terms of the United States courts, shall be deemed to refer to the terms of the United States courts in such division.

Sec. 9. This act shall be in force from and after the first day of March, anno Domini eighteen hundred and eighty; and all acts and parts of acts inconsistent herewith are hereby repealed. Approved, February 4, 1880.