Chapter 145. to provide the times and places for holding terms of the United States courts in the States of Idaho and Wyoming
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CHAP. 145.— An Act to provide the times and places for holding terms of the United States courts in the States of Idaho and Wyoming.July 5, 1892. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Idaho judicial district. That the State of Idaho shall constitute one judicial district. Sec. 2. That the circuit court of the United States in and for the StateTerms of circuit court. of Idaho shall be held at the times and places provided by law for the holding of the United States district court in and for said district, and one grand and one petit jury only shall be summoned to serve in both said courts when held at the same place.
Sec. 3. That for the purpose of holding terms of the district courtDivisions for district court. said district shall be divided into three divisions, to be known as the 73 northern, central, and southern divisions. The counties of Shoshone,Northern division. Kootenai, Latah, Nez Perces, and Idaho, including any and all Indian reservations in one or more of said counties, shall constitute the northern division, the court for which shall be held at the town of Moscow.Court at Moscow.
The counties of Washington, Ada. Boise, Owyhee, Alturas, Logan, andCentral division. Elmore, including any and all Indian reservations in one or more of said counties, shall constitute the central division, the court for which shallCourt at Boise. be held at the city of Boise. The counties of Custer, Lemhi, Bingham,Southern division. Bear Lake, Oneida, and Cassia, including any and all Indian reservations in one or more of said counties, shall constitute the southern division,Court at.
Blackfoot. the court for which shall be held at the town of Blackfoot. Sec. 4. That all civil suits not of a local character, which shallJurisdiction. be brought in the district or circuit courts of the United States for the district of Idaho, in either of the said divisions, against a single defendant, or where all the defendents seside in the same division of said district, shall be brought in the division in which the defendant or defendents reside, or if there are two or more defendents residing in different divisions, such suit may be brought in either division, and allProcess. mesne and final process subject to the provisions of this act, issued in either of said divisions, may be served and executed in either or all of said divisions.
All issues of fact in civil causes triable in any of theIssues of fact. said courts shall be tried in the division where the defendant or one of the defendents resides, unless by consent of both parties the case shall be removed to some other division. Sec. 5. That the clerk of the circuit and district courts for said DistrictDeputy clerks. 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, 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*Proviso*. appointment of such deputies shall be approved by the court for whichApproval. 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.
Sec. 6. That the terms of the district court for the district of theTerms. State of Idaho shall be held at the town of Moscow beginning on theMoscow. first Monday in February and the first Monday in July in each year; at Boise City, beginning on the first Monday in April and the first MondayBoisé. Blackfoot. in November; at the city of Blackfoot, beginning on the first Monday in May and the first Monday in September in each year; and the provision of statute now existing for the holding of said courts on any day contrary to the provisions of this act is hereby repealed, and allVol. 26, p. 217. suits, prosecutions, process, recognizances, bail bonds, and other things pending in or returnable to said court 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 said existing statute not been passed.
Sec. 7. That no action, suit, proceeding, information, indictment,Actions, etc., not affected. recognizance, bail bond, or other process in either of said courts shall abate or be rendered invalid by reason of the change of time in the holding of the terms of said courts but the same shall be deemed to be returnable to, pending, and triable at the terms herein provided for. Sec. 8. That instead of the times now fixed by law, the terms of theWyoming judicial district. Circuit and District Courts of the United States for the District of Wyoming to be held at Cheyenne shall commence on the second MondayTerms at Cheyenne.
Vol. 26, p. 225. in May and the second Monday in November in each year. Approved, July 5, 1892.