Chapter 167. providing the terms and places of holding the courts of the United States in the district of Minnesota, and for other purposes
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CHAP. 167.— An Act providing the terms and places of holding the courts of the United States in the district of Minnesota, and for other purposes.April 26, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Minnesota judicial district. That for the purpose of holding terms of court the district of Minnesota is hereby Six divisions constituted.divided into six divisions, to be known as the first, second, third, fourth, fifth, and sixth divisions.
That portion of the State of First.Minnesota comprising the counties of Winona, Wabasha. Olmsted, Dodge, Steele, Mower, Fillmore, and Houston, shall constitute the first division, the courts of which shall be held at Winona: the Second.counties of Freeborn, Faribault, Martin, Jackson. Nobles. Rock, Pipestone, Murray, Cottonwood, Watonwan. Blue Earth. Waseca, Le Sueur, Nicollet, Brown, Redwood, Lyon. Lincoln. Yellow Medicine. Sibley, and Lac Qui Parle shall constitute the second division, Third.the courts of which shall be held at Mankato; the counties of Chicago.
Washington, Ramsey, Dakota, Goodhue. Rice, and Scott shall constitute the third division, the courts of which shall lye held at Fourth.Saint Paul; the counties of Hennepin, Wright, Meeker, Kandiyohi, Swift, Chippewa Renville, McLeod, Carver, Anoka, Sherburne, and Isanti shall constitute the fourth division, the courts of which shall Fifth.be held at Minneapolis; that the counties of Cook, Lake, Saint Louis, Itasca, Cass, Crow Wing, Aitkin, Carlton, Pine, Kanabec, Mille Lacs, Morrison, and Benton shall constitute the fifth division, the Sixth.courts of which shall be held at Duluth; the counties of Stearns, Pope, Stevens, Big Stone, Traverse, Grant.,Douglas, Todd, Otter Tail, Wilkin, Clay, Becker, Wadena, Norman, Polk, Marshall, Kittson, Beltromi and Hubbard shall constitute the sixth division, the courts of which shall be held at Fergus Falls.
Sec. 2. Removal of causes. That causes removed from any court in the State of Minnesota into the circuit court shall be removed to the circuit court in Suits commenced, not local.the division in which said State court is held; and all civil suits not of a local nature must be brought in the division where the defendant or defendants reside: but, if there are two or more defendants residing in different divisions, the action may be brought in any Process.division in which a defendant resides.
That all civil process from the circuit and district courts of the United States for said district FIFTY-FIRST CONGRESS. Sess. I. Chs. 167-168. 1890.73 of Minnesota against defendants residing or found therein, shall be returned to the place appointed for the holding of said courts in the division where such defendant resides. That if there be more thanDuplicate writs, etc.. one defendant, and they reside in different divisions of the district, the plaintiff may sue in either division, and send duplicate writ or writs to the other defendants: and the said writs, when executed and returned into the court from which they issued, shall constitute one suit and be proceeded in accordingly.
Sec. 3. That all actions triable in either of the courts of said districtWhere triable. shall be tried in the division in which the process is returnable under the provisions of this act. unless by consent of all parties the action he removed to some other division of said district. Sec. 4. That regular terms of the circuit and district courts shallTerms of circuit and district courts. be held as follows: For the first division, on the first Tuesday in June, and the first Tuesday in December: for the second division, on the third Tuesday in April and the first Tuesday in November; for the third division, on the fourth Tuesday in June and the second Tuesday in January; for the fourth division, on the first Tuesday in March and the first Tuesday in September; for the fifth division on the second Tuesday in May and the second Tuesday in October; for the sixth division on the fourth Tuesday in March and the fourth Tuesday in September.
Sec. 5. That the clerks of the circuit and district courts of theAppointment of deputy clerks. district of Minnesota shall each appoint a deputy clerk at the.place where their respective courts are required to be held in the division of the district in which such clerk shall not himself reside, who shall keep his office and reside at the place appointed for holding said courts in the division of such residence, and shall keep the records of said courts for such division, and in the absence of the clerk, may exercise all the official powers of the clerks within the division for which he is appointed: *Provided*, That the appointment of such*Proviso*.Subject to judicial, approval, etc. 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 their respective deputies.
Sec. 6. That a grand and petit jury shall be summoned for eachJuries. of said terms, which petit jury shall be competent to sit and act as such jury in either or both of said courts at such terms: *Provided*,*Proviso*.Discretionary limitation. That the judge of district court may, in his discretion, dispense with the summoning or impaneling of more than one grand jury in each year in any of said divisions. Sec. 7. That this act shall take effect and be in force from andOperation. after the first day of August, anno Domini eighteen hundred and ninety.
Approved, April 26, 1890.