Chapter 403. to fix the time and places for holding Federal courts in the district of Kansas
583 words·~3 min read·
/statutes-at-large/vol-26/chapter-403-583598·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 403.— An Act to fix the time and places for holding Federal courts in the district of Kansas.June 9, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Kansas judicial district.[R. S., sec. 531, p, 89. amended](/us/rs/t/s531/p89).In two divisions.Second division.Composition of. That the judicial district of Kansas is hereby divided into two divisions, which shall be known, respectively, as the first division and the second division .of the district of Kansas.
The second division shall include the counties of Cowley, Butler, Harvey, McPherson, Rice, Ellsworth, Barton, Rush, Ness, Laue, Scott, Wichita, Greeley, Hamilton, Kearney, Finney, Garfield, Hodgeman, Pawnee, Stafford, Reno, Kingman, Pratt, Kiowa, Edwards, Ford, Gray, Haskell, Grant, Stanton, Morton, Sedgwick. Stevens, Seward, Meade, Clark, Comanche. Harper, Barber, and Sumner, and a terra of the circuit and districtTerms of court. courts for said district shall be held therein at the city of Wichita on the first Monday of March and the second Monday of September of each year.
The remaining counties embraced in the district ofFirst division.Composition of.Terms of court.[R. S., sec. 572, p. 96 and sec. 658, p. 120](/us/rs/t/s572/96/s658/p120). Kansas shall constitute the first division thereof, and the terms of the circuit and district court for said district shall be held therein at the time and places now prescribed by law. Sec. 2. That all civil suits not of a local character which shall beJurisdiction. hereafter brought in either of said divisions against a single defendant. or where all the defendants reside in the same division of said district, shall be brought in the division in which the defendant or defendants reside, but if there are two or more defendants residing in different divisions such suit may be brought in either division, and all mesne and final process subject to the provisions of this act,Process. issued in either of said divisions, may be served and executed in either or both of the divisions.
Sec. 3. That the clerks of the circuit and district courts for saidAppointment of deputy clerks. district shall each appoint a deputy clerk at the city of Wichita, 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: *Provided*, That the appointment of*Proviso*.Subject to judicial approval, etc. such deputies shall be approved by the court for which they shall be respectively appointed, and they may be removed by such court at pleasure; and the clerk shall be responsible for the official acts and neglects of all such deputies.
Sec. 4. That all civil suits and proceedings now pending in theTransfer of causey etc. circuit or district court of said district of Kansas, and which would, if instituted after the passage of this act, be required to be brought in the second division of said district, may be transferred, by consent of all the parties, to said second division of said district, and there disposed of in the same manner and with like effect as if the same 130FIFTY-FIRST CONGRESS. Sess. I. Chs. 403, 405, 406. 1890.
Process, writs, etc.had been there instituted; and all process, writs, and recognizances relating to such suits and proceedings so transferred shall be considered as belonging to the term of the court in the second division of said district in the same manner and with like effect as if they had been issued or taken in reference thereto originally. Approved, June 9, 1890.