Chapter 928. to detach certain counties from the United States judicial district of California, and create the United States judicial district of southern California
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CHAP. 928.— An Act to detach certain counties from the United States judicial district of California, and create the United States judicial district of southern California.August 5, 1886. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Southern judicial district California established.Continues included. That all that portion of the State of California now comprised in the counties of San Diego, San Bernardino, Los Angeles.
Ventura. Santa Barbara. San Luis Obispo, FORTY-NINTH Sess. I. Ch. 928. 1886. 309 Fresno, Tulare, and Kern is hereby detached from the United States judicial district of California, and made a separate judicial district, called the southern district of California. Sec. 2. That the regular terms of the circuit and district courts ofTerms. the United States, respectively, shall be held at Los Angeles, in said southern district of California, beginning on the second Monday in August and the second Monday in January in each year.
Sec. 3. That the district of California shall hereafter consist of all of theOther counties to compose northern district counties of said state not named in this act, and shall hereafter be called the northern district of California; and the circuit and district courts shall be held therein at San Francisco as follows: BeginningTerms. on the first Monday in February, the second Monday in July, and the fourth Monday in November in each year. Sec. 4. That all suits and other proceedings of every kind and naturePonding suits to be disposed of in present district. now pending in the circuit or district court of the United States for the district of California shall be tried and disposed of in the circuit and district courts, respectively, for said northern district of California, as the same would have been if this act had not been passed, and for that purpose, jurisdiction is reserved to said courts in the said northern District of California; and the clerks of the circuit and districtClerks. courts of the present district of California shall retain the records and files of said courts at the city of San Francisco, and do and perform all the duties appertaining to the said offices, respectively, within said northern district, except as hereinafter provided; and all process returnable to or proceedings noticed for any term of the present circuit or district court of California shall be deemed returnable to the next term of said courts, respectively, in the said northern district, as fixed by this act.
Sec. 5. That upon application of any party to any suit or proceedingRemoval of suits. now pending in the present circuit or district court of the present District of California, which would have been commenced in the proper court for the southern district of California if this act had been in force at the time of the commencement thereof, the proper court shall order that the same be removed for further proceedings to the proper court for said southern district, at the cost of the party applying for such removal; and thereupon the clerk shall transmit certified copies of all the papers, and of all orders and records made therein, to the clerk of the court to which such suit or proceeding shall be removed, and all other proceedings shall be had in said court to which the same shall be removed as if said suit or proceeding bad originally been commenced therein.
Sec. 6. That the passage of this act shall not have the effect to destroyEffect of judgments, etc., not impaired. or impair the lien of any judgment or decree rendered in the circuit or district court of the United States for the present district of California prior to this act taking effect; and final process on any judgmentFinal process on pending causes, returnable to courts of northern District. or decree entered in the circuit or district court of the United States for the district of California, or which shall be entered therein prior to this act taking effect, and all other process for the enforcement of any order of said courts, respectively, in any cause or proceeding now pending therein except on proceedings removed as herein provided, shall be issued and made returnable to the proper court for the said northern District of California, and may be directed to and executed by the marshal of the United States for the said northern district in any part of the State of California.
Sec. 7. That there shall be appointed a district judge for said southernDistrict judge.Salary. district of California, who shall reside therein, and who shall receive an annual salary of four thousand dollars, payable quarterly from the Treasury; and there shall also be appointed a marshal and attorneyMarshal, district attorney. of the United States for said southern district of California, who shall respectively, receive such fees and compensation and exercise such powers and duties as are now fixed and enjoined by law.
Sec. 8. That the circuit and district judges of said southern districtClerks to be appointed by judges. of California shall each, respectively, appoint a clerk for their respective 310 FORTY-NINTH CONGRESS. Sess. I. Chs. 928, 929. 1886. courts, who shall reside and keep their office at Los Angeles, in said district, and who shall receive such fees and compensation for services performed by them, respectively, as are now fixed and limited by law. Sec. 9. That either of the clerks of the circuit and district courts forTranscripts of records, etc. the said northern district of California, is hereby authorized, at the request of the district judge of said southern district, and at the cost of the parties requiring the same, to make transcripts of any of the records, files, or papers of the district and circuit courts of the United States remaining in the office of the clerks of the present district of California, and of all matters and proceedings which relate to or concern liens upon or titles to real estate situated in said southern district; and such transcripts, when so made by either of said clerks, shall be certified to be true and correct by the clerk making the same, and the same, when so made and certified, and filed in the proper court, shall constitute the record in such court, and shall be evidence in all courts and places equally with said originals.
Sec. 10. That nothing in this act shall in any manner affect the tenureTenure of office of present incumbents not affected. of office of the judge, marshal, United States attorney, or other officers of the present district of California, who shall, respectively, be entitled to the same salaries, fees, and emoluments provided by law. Sec. 11. That all offenses heretofore committed in the district of CaliforniaOffenses heretofore committed to be tried, etc., as at present. shall be prosecuted, tried, and determined in the same manner and with the same effect, to all intents and purposes, as if this act had not been passed.
Approved, August 5, 1886.