Chapter 21. to provide for the time and place of holding the terms of the United States circuit and district courts in the State of South Dakota
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CHAP. 21.— An Act to provide for the time and place of holding the terms of the United States circuit and district courts in the State of South Dakota.February 27, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,South Dakota judicial district. That the State of South Dakota shall constitute one judicial district. Sec. 2. Three divisions erected. That fortlie purpose of holding terms of the district court said district shall be divided into three divisions, to be known as the Eastern division.Composition.eastern, central, and western divisions.
The counties of Clay, Union. Yankton, Turner, Lincoln. Bonhomme, Charles Mix, Douglas, Hutchinson, Brule, Aurora,Davidson, Hanson.McCook, Minnehaha. Moody, Lake. Lyman, Miner, Sanborn, Beadle, Kingsbury, Brookings. Hamlin. Dette], Grant, Roberts, Codington, Clark. Day, Marshall, Spink, Brown, Gregory. Todd, and the Yankton, Sisseton. Wahpeton, and Crow Creek Indian Reservations shall constitute the eastern division, the court for which shall be held at the city of Sioux Falls.
Central division.Composition.The counties of McPherson. Edmunds, Campbell, Walworth, Potter, Sully, Faulk, Hand, Hyde, Hughes, Buffalo, Jerauld, Stanley, Knowlen, and that portion of the counties of Pratt, Jackson, and Sterling not included in any Indian reservation, and the Standing Rock, Cheyenne, and Lower Brule Indian Reservations shall constitute the central division, the court for which shall be held at the Western division.Composition.city of Pierre. All that portion of the State of South Dakota lying west of the central division, and in addition thereto the Rosebud and Red Cloud Indian Reservations, shall constitute the western division, the court for which shall be held at the city of Deadwood.
Sec. 3. Terms of district court.Sioux Falls.Pierre.Deadwood.Repeal of former law.Vol. 25, p. 082. That the terms of the district court for the district of South Dakota shall be held at Sioux Fallson the first Tuesday of April and October in each year; at Pierre on the third Tuesday of May and November in each year; and at Deadwood on the first Tuesday of January and July in each year. And the provision of law now existing for the holding of said court on the first Monday in April and November in each year, is hereby repealed, and all suits, prosecutions, process, recognizances, bail-bonds, and other things pending in or 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 in this act provided 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 nature must be brought in the division of the 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 defendarit resides. Sec. 5. Terms of circuit court.Sioux Falls.Deadwood.Pierre. That the Circuit Court of the United States for said district shall be held at Sioux Falls on the first Tuesday of April and October in each year, and at Deadwood on the first Tuesday of July in each year, and at Pierre on the third Tuesday of November in each year; and cases taken on appeal or writ of error from the district Court shall be returnable to the Circuit Court held in that judicial sub-division from which the appeal was taken.
When the Circuit FIFTY-FIRST CONGRESS. Sess. I. Chs. 21–23. 1890.15 Court and District Court is held as provided in this act, at the same time and place one grand and petit jury only shall be summonedJuries. and served in both said courts. Sec. 6. That the clerk of the circuit court and the clerk of theClerks, etc. district court respectively shall reside and have their principal office at Sioux Falls, and each of said clerks may appoint a deputy to reside and have an office at Pierre and Deadwood.
Approved, February 27, 1890.