Chapter 161. to divide the judicial district of North Dakota
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CHAP. 161.— An Act to divide the judicial district of North Dakota.April 26, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,North Dakota judicial district.Vol. 25, p. 682. That the State of North Dakota shall constitute one judicial district. Sec. 2. That for the purpose of holding terms of the district court said district shall be divided into four divisions, to be known as theIn four divisions. Southwestern, Southeastern, Northeastern, and Northwestern divisions: that portion of the State comprising the present counties ofSouthwestern.
Burleigh. Stutsman, Logan, McIntosh, Emmons. Kidder. Foster, Wells, McLean, and all the territory in said State of North Dakota lying south and west of the Missouri river shall constitute the Southwestern Division, the court for which shall he held at the city of Bismarck. That portion of the State comprising the present countiesSoutheastern. of Cass, Richland, Barnes, Dickey, Sargent. La Moure, Ransom, 68FIFTY-FIRST CONGRESS. Sess. I. Ch. 161. 1890. Griggs and Steele shall constitute the Southeastern Division, the Northeastern.court for which shall be held at the city of Fargo.
That portion of the State comprising the present counties of Grand Forks, Traill, Walsh, Pembina, Cavalier, and Nelson shall constitute the Northeastern Division, the court for which shall be held at the city of Northwestern.Grand Forks. That portion of the State comprising the present counties of Ramsey, Eddy, Benson, Towner. Rolette, Bottineau, Pierce, McHenry, and Ward, and all the territory in said State of North Dakota lying north of the said Southwestern Division, shall constitute the Northwestern Division, the court for which shall be held at the city of Devil’s Lake.
Sec. 3. Terms of district court; places. That the terms of the district court for the district of North Dakota shall be held at Bismarck on the first Tuesday of April in each year; at Fargo on the third Tuesday of May in each year; at Grand Forks on the first Tuesday of December in each year, and at Devil’s Lake on the first Tuesday of February in each year. And Repeal of existing law, as to terms.Vol. 25, p. 682.the provisions of law now existing for the holding of said court on the first Monday in April and November of each year is hereby repealed, and all suits, prosecutions and processes, recognizances, bail bonds, and other proceedings of whatever nature pending in or Transfer of causes, etc.returnable to said court on the days last named are hereby transferred to and shall be made returnable to and have force in the said respective terms provided in this act in the same manner and with the same effect as they would have had had this act not been passed.
Sec. 4. Jurisdiction. That all civil suits not of a local character now pending or which shall be brought in the district or circuit courts of the United States for the district of North Dakota, in either of the said divisions against a single defendant, or where all the defendants reside in the same divisions of said district, shall be brought in the division in which the defendant or defendants reside, or, if there are two or more defendants residing in different divisions, such suit may be brought Serving of final process, etc.in either division, and all mesne and final process subject to the provisions of this act. issued in either of said divisions, may be served Issues of fact; where triable.and executed in either or all of said divisions.
All issues of fact in civil causes triable in any of the said courts shall be tried in the division where the defendant or one of the defendants reside, unless by consent of both parties the case shall be removed to some other division. Sec. 5. Terms of circuit court. That the circuit court of the United States for said district shall be held at Bismarck on the first Tuesday of April in each year, and at Fargo on the third Tuesday of May in each year, and at Grand Forks on the first Tuesday of December in each year, and at Devil’s Lake on the first Tuesday of February of each year; and Appeals and writs of error.cases taken on appeal or writ of error from the District Court shall be returnable to the Circuit Court held in that judicial subdivision from which the appeal was taken.
When the Circuit Court and District Court is held, as provided in this act, at the same time and Juries.place, one grand and one petit jury only shall be summoned and serve in both said courts. Sec. 6. Appointment of deputy clerks. That the clerk of the circuit and district courts for said district shall each appoint a deputy clerk at the place where then respective courts are required to be held in the division of the district in which such clerk shall not himself reside, each of whom shall, in the absence of the clerk, exercise all the powers and perform all the duties of clerk within the division for which he shall be appointed: *Proviso*.Subject to judicial approval, etc.*Provided*, That the appointment of such deputies shall be approved by the court for which they shall have been respectively appointed, and may be annulled by such court at its pleasure, and the clerks shall be responsible for the official acts and negligence of all such deputies Approved, April 26, 1890.