Chapter 312. to divide the State of Iowa into two Judicial Districts
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CHAP. 312.— An Act to divide the State of Iowa into two Judicial Districts.July 20, 1882. *Be it enacted by the Senate and House of Representatives of the United States of America- in Congress assembled.*,State of Iowa divided into two judicial districts. That the State of Iowa be, and the same is hereby, divided into two judicial districts, in manner following, to-wit: The Counties of Clinton, Jones, Linn, Benton, Black Hawk, Grundy, Hardin, Hamilton, Webster, Calhoun, Sac, Ida, Monona, and all the.counties north of those named shall constitute a new district, to Northern district.be known as the northern district of Iowa.
The remaining counties of the State shall constitute the southern district of Iowa; Southern district.Judges.and the present district court of Iowa, from and after the passage of this act, shall be known as the district court for the southern district of Iowa. Sec. 2.— That the present judge, of the district of Iowa is hereby declared to be the district judge for the southern district of Iowa; and the President of the United States be, and is hereby, authorized and directed, by and with the advice and consent of the Senate, to appoint a district, judge for the northern district of Iowa.
Sec. 3.— That the district attorney and United States marshal forDistrict attorneys and marshals. the district of Iowa shall be the district attorney and marshal of the southern district of Iowa; and the. President of the United States, by and with the advice and consent of the Senate, is authorized and directed to appoint one person as marshal and one as district attorney for the northern district of Iowa. Sec. 4.— That there shall be appointed by the judge of the northern district of Iowa,Clerks with the approval of the circuit judge of the eighth judicial circuit, a clerk for the district and circuit courts in and for said northern district of Iowa.
The pers ns now acting as clerks for the district of Iowa shall be the clerks for the southern district of Iowa Sec. 5.— That for the purpose of holding terms of court the northern district shallNorthern district divided into eastern, central, and western divisions. be divided into three divisions, to be known as the eastern, central, and western divisions. The counties of Ulinton, Jackson, Jones, Linn, Benton, Black Hawk, Buchanan, Delaware, Dubuque, Clayton, Fayette, Bremer, Floyd, Chickasaw, Mitchell, Howard, Winneshiek, and Allamakee shall constitute the eastern division, the courts for which shall be held at the city of Dubuque.
The counties of Grundy, Hardin, Hamilton, Webster, Calhoun, Pocahontas, Palo Alto. Emmett, Kossuth, Humboldt, Wright, Hancock, Winnebago, Worth, Cerro Gordo, Franklin, and Butler shall constitute the central division, the courts for which shall be held at Fort Dodge. The Counties of Monona, Woodbury, Plymouth, Sioux, Lyon, Osceola, O’Brien, Cherokee, Ida, Sac, Buena Vista, Clay, and Dickinson shall constitute the Western division, the courts for which shall be bel : at Sioux City.
Sec. 6.— That for the purpose of holding terms of Court the Southern district ofSouthern district divided into eastern, central, and western divisions. Iowa shall be divided into three divisions to be known as the eastern, central, and western divisions. The counties of Scott, Cedar, Muscatine, Washington, Louisa, Keokuk, Appanoose, Davis, Wapello, Jefferson, Van Buren, Henry, Des Moines, and Lee shall constitute the eastern division, in which the courts shall be held at the city of Keokuk.
The counties of Johnson, Iowa, Poweshiek, Mahaska, Jasper, Tama, Marshall, Story, Boone, Greene, Guthrie, Adair, Dallas, Polk, Madison, Warren, Marion, Clark, Lucas, Decatur, Monroe, and Wayne shall constitute the central division for which the courts shall be held at the city of Des Moines. The counties of Carroll, Crawford, Harrison, Shelby, Audubon, Cass, Pottawattamie, Mills, Montgomery, Adams, Union, Ringgold, Taylor, Page and Fremont shall constitute the Western division, in which the courts shall be held at the city of Council Bluffs: *Provided,**Proviso.* That the additional courts at the places in the several divisions named in this act shall be held in buildings provided for that purpose without expense to the United States.
Sec. 7.— That courts under this act shall be held at Dubuque, Keokuk,Terms of court at Dubuque, Keokuk, Des Moines and Council Bluffs at such limes as arc now fixed by 173 FORTY-SEVENTH CONGRESS. SESS. I. CH. 312, 313, 348. 1882. law : at Fort Dodge on the third Tuesdays in January and June, and atDes Moines, Port Dodge, and Sioux City.Circuit court in either district. Sioux City on the second Tuesdays in February and July. Sec. 8.— That the circuit judge of the eighth judicial circuit may, by order, direct the judges of the said northern and southern districts of Iowa to sit together in holding the circuit court in either of said districts; and when so sitting the judge oldest, in commission shall preside, and in case of disagreement between them his opinion shall prevail for the time being: *Provided, however,* That a certificate of division may be*Proviso.* signed by them with like effect, as in cases provided by law for certificates of division between a circuit, and district judge.
Sec. 9.— That all civil suits not of a local nature must be brought inCivil suits not of local nature brought where defendant resides. the division of the northern or southern district where the defendant or defendants reside; but if there are two or more defendants, residing in different divisions, the action may be brought in either of the divisions in which a defendant resides. Action brought in any division in case of nonresident.When the defendant is a nonresident of either district, action may be brought in any division of either district wherein the defendant may be found.
Causes removed from any of the courts of the State of Iowa to the circuit court of the United States shall be removed to the circuit court in the division in which said State court is held. Sec. 10.— That all causes now pending in the courts held in the respectiveProvision for pending process. divisions of the State of Iowa shall be continued in the corresponding divisions of the northern or southern districts with the same force and effect as though originally commenced therein.
That all Crimes hereafter committed, etc.prosecutions for crimes or offenses hereafter committed in either of said districts shall be cognizable within such district; and all prosecutions for crimes or offenses heretofore committed in the district of Iowa shallCrimes heretofore committed. be commenced and proceeded with as if this act had not been passed. Sec. 11.— That cases taken by appeal or writ of error from any of theAppeal or writ of error, etc. sessions of the district court in the northern district shall go to the circuit court held at Dubuque, and in the southern district cases taken by appeal or writ of enor from any of the sessions of the district court in the southern district shall go to the circuit court held at Des Moines.
Approved, July 20, 1882.