Chapter 271. to amend the act dividing the State of Missouri into two judicial districts, and to divide the eastern and western districts thereof into divisions, establish district and circuit courts of the United States therein, and provide for the times and places for holding such courts, and for other purpose
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CHAP. 271.— An Act to amend the act dividing the State of Missouri into two judicial districts, and to divide the eastern and western districts thereof into divisions, establish district and circuit courts of the United States therein, and provide for the times and places for holding such courts, and for other purposes.Feb. 28, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Missouri.Eastern judicial district.[R.
S., sec. 540, p. 91](/us/rs/t/s540/p91).Vol. 50, pp. 35, 263. That the city of Saint Louis and the following-named counties in the State of Missouri shall constitute the eastern judicial district of Missouri, to wit: Saint Louis, Franklin, Gasconade, Jefferson, Crawford, Washington, Saint Francois, Saint Genevieve, Dent, Iron, Madison, Perry, Bollinger, Cape Girardeau, Shannon, Reynolds, Wayne, Scott, Carter, Oregon, Ripley, Butler, Stoddard, New Madrid, Mississippi, Dunklin, Pemiscot, Montgomery, Lincoln, Warren, Saint Charles, Macon, Adair, Audrain, Clarke, Knox, Lewis, Marion, Monroe, Pike, Ralls, Schuyler, Scotland, Shelly and Western judicial district.Randolph.
And all the other counties in the State of Missouri shall constitute the western judicial district of Missouri. Sec. 2. That the eastern judicial district of Missouri is hereby dividedDivision of eastern district. into two divisions, which shall be known respectively as the northern Eastern division.and eastern divisions of said eastern district. The city of Saint Louis and the counties of Saint Louis, Franklin, Gasconade, Jefferson Crawford Washington, Saint Francois, Saint Genevieve, Dent, Iron, Madison, Perry, Bollinger, Cape Girardeau, Shannon.
Reynolds, Wayne, Scott, Carter, Oregon, Ripley, Butler, Stoddard, New, Madrid, Mississippi, Dunklin, Pemiscot, Montgomery, Lincoln, Warren, and Saint Charles Courts.shall constitute the eastern division of said district, the courts for which are now established and held and shall be continued at the city of Northern division.Courts.Saint Louis. The remaining counties within the eastern district shall constitute the northern division of said district, and the courts therefor shall be held at the city of Hannibal.
The western judicial Division of western district.District of Missouri shall be divided into four divisions to be known as the Saint Joseph, the western, the central, and the southern divisions. The Western division.counties of Clay, Ray, Carroll, Chariton, Sullivan, Jackson, La Fayette, Saline, Cass, Johnson, Bates, Henry, Vernon, Putnam, Caldwell, Livingston, Grundy, Mercer, Linn, Barton. Jasper, and Saint Clair shall constitute the western division, the courts circuit and district for which shall be continued at the city of Kansas.
The, counties of Atchison, Nodaway, Holt, Andrew, Buchanan, Platte, Clinton, Harrison, Daviess, De Kalb, Gentry, and WorthCourts.Saint Joseph division. shall constitute the Saint Joseph division and the courts therefor shall be held at the city of Saint Joseph. The counties of Cedar, Polk, Dallas, Laclede, Pulaski, Dade, Courts.Southern division.Greene, Webster, Wright, Texas, Lawrence, Christian, Douglas, Howell, Newton, Barry, McDonald, Stone, Taney, and Ozark shall constitute Courts.the southern division of said western district, the courts for which shall be held at the city of Springfield.
The remaining counties within 425 the said western district shall constitute the central divisionCentral division.Courts. of said District, and the courts circuit and district therefor shall be continued and held at Jefferson City. Sec. 3. That there shall be and there are hereby established a DistrictCourts established. and circuit court of the United States in each of the several divisions of the said eastern and western districts herein created, except the southern division of the western district in which a district court shall be and is hereby created.
That in each division there shall be held two terms of the district and circuit courts in each and every yearTerms. except said southern division of the western district in winch there shall be held two terms of the district court in each and every year. The times of holding said terms of court in the city of Saint Louis, the[R. S., secs. 572, p, 100; 658, p. 121](/us/rs/t/s572/p100/658/p121). city of Kansas and the city of Jefferson shall be held at the times now established by law, and in the other divisions herein named the times of holding said terms of court shall be at the city of Hannibal on the first Mondays in May and November; at the city of St Joseph on the first Mondays in April and October; at the city of Springfield on the first Mondays in February and August.
That the counties of Cedar, Polk,Jurisdiction of circuit courts, western division, western district. Greene, Dade, Lawrence, Newton, McDonald, Barry and Stone of the southern division of the western district aforesaid, be and they are hereby attached to the western division of the western district for circuit court purposes as to all civil causes and proceedings and that all other counties in said southern division of the western district be, and they are hereby, attached to the central division of the western district for circuit court purposes as to all civil causes and proceedings.
The district judges for the eastern and western districts of Missouri, each in the divisions of his proper district, and the circuit judge of the United States for the eighth judicial circuit, are hereby required to hold the courts aforesaid. Juries shall be summoned for the courts hereby createdJuries. as now provided by law for the summoning of juries in the said Districts. And whenever the circuit and district courts in either of said districts or divisions shall be held at the same time and place, jurors shall not be summoned for each of said courts, but for both said courts, and they shall act accordingly as grand and petit jurors for both said courts.
Sec. 4. That hereafter all suits to be brought in the courts of theJurisdiction. United States in Missouri, not of a local nature, shall be brought in the division having jurisdiction over the county where the defendants, or either of them reside; but if there be more than one defendant, and a part of them reside in different divisions or districts of said State, the plaintiff may sue in either division of either district where one of such defendants resides, and send duplicate writs to the other division or district directed to the marshal of said district, on which said writs shall be indorsed, by the plaintiff or his attorney, that the same is a duplicate of the original writ sued out of the court of the proper division and district.
Any cause may, by the written consent of both partiesTransfers. or their attorneys of record, be transferred to the court of either division or district, without regard to the residence of the defendants, and whether such cause be now pending or be instituted hereafter. All civil causes now pending in any of the courts in said eastern or westernFending causes. district, or any division thereof, against parties residing in some other division hereby created, may remain and be finally disposed of in the court in which they are now pending, respectively, unless the defendants therein shall desire to have the same transferred to the appropriate court of the division in which they reside, in which last event such transfer shall be applied for to the court of the division in which the cause is pending; and when a cause shall be ordered to be transferred,Transmitting papers, transcripts, etc. as above provided, to a court in any other division, it shall be the duty of the clerk of the court from which the transfer is made to carefully transmit to the clerk of the court to which the transfer is made the entire file of papers of the cause, and all documents and deposits in his court pertaining thereto, together with a certified transcript of the 426 record of all orders; interlocutory decrees, or other entries in the cause; and he shall also certify under seal of the court, that the papers sent are all which are on tile in said court belonging to the cause, for the performance of which duties said clerk so transmitting and certifying shall receive the same fees as now allowed by law for similar services, to be taxed in the bill of costs and regularly collected with the other costs of the cause; and such transcript, when so certified and received, shall thence forth constitute a part of the record of the cause in the court to which the transfer shall be made.
Sec. 5. Clerks.Marshals and District attorneys.Process. Sec. 6. That all civil causes and proceedings in law, equity, or bankruptcyTransfers may be made in vacation or term-time. now pending in any district or circuit court of the United States in the State of Missouri, where all the defendants (or plaintiffs, where the jurisdiction is derived from the residence of the plaintiffs) shall reside in either of the divisions in which courts are hereby established, may in the discretion of the court be transferred to the court of the division in which the defendants (or plaintiffs, where the jurisdiction is derived from their residence) reside, and the transfer may be made in vacation or in term-time.
If made in vacation, an affidavit of all the parties defendant that they are resident in said division shall be filed, and ten days notice of the purpose and time of bearing of said motion shall be given the opposite party or his attorney of record; but if made in term-time, then on motion and affidavit only. And the said circuit and district courts for said divisions shall have the same powers and jurisdiction, with the same right to parties to prosecute appeals and writs of error thereupon, as now pertain to the district and circuit courts Crimes.for said eastern and western judicial districts.
All crimes and offenses heretofore committed within either of said districts shall be prosecuted, tried and determined in the same manner and with the same effect as if this act had not been passed. Sec. 7. That before the judge shall hold the terms of courts at SaintCourts at Saint Joseph. Joseph he shall have satisfactory evidence that the county court of Buchanan county has provided and set apart for the use of said courts a courtroom, clerk’s office, marshal’s office, and attorney’s office, free of expense to the United States for rent therefor, to be used and occupied until the completion of the public building belonging to the United States Government now in process of construction at said city of Saint Joseph, at which time the courts shall be held and said offices Courts at Hannibal,established in said public building; and before the judge shall hold the terms of courts at Hannibal be shall have satisfactory evidence that the county court of Marion county has provided and set apart for the use of said courts a courtroom, clerk’s office, marshal’s office, and attorney’s office, free of expense to the United States for rent therefor, to be used and occupied until the completion of the public building belonging to the United States Government now in process of construction at said 427 city of Hannibal at which time the courts shall be held and said offices established in said public building; and before the court or judge shall hold the terms of said court at Springfield he shall have satisfactoryCourt at Springfield. evidence that the county court of Greene county has provided and set apart for the use of said court a courtroom, clerk’s office, marshal’s office, and attorney’s office, free of expense to the United States for rent therefor.
Approved, February 28, 1887.