Chapter 59. to create a third division of the district of Kansas for judicial purposes, and to fix the time for holding court therein

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CHAP. 59.— An Act to create a third division of the district of Kansas for judicial purposes, and to fix the time for holding court therein.May 3, 1892. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Third division constituted. R. S., sec. 531, p. 89, amended. Terms. Fort Scott. That the counties of Miami, Linn, Bourbon, Crawford, Cherokee, Labette, Neosho, Allen, Jurisdiction in civil causes.Anderson, Colley, Woodson, Wilson, Montgomery, Chautauqua, Elk and Greenwood in the State of Kansas, shall constitute the third division of the judicial district of Kansas, and a term of the circuit and district courts for said district shall be held therein at the city of Fort Scott, on the first Monday of May and the first Monday of November of each year.

The remaining counties heretofore embraced in the first division of the judicial district of Kansas shall constitute the first division thereof. Sec. 2. That all civil suits which shall hereafter be brought againstProsecutions for crimes. a defendant or defendants who reside in said third division of said District shall be brought in said third division, but if there are two or more defendants residing in different divisions of said district, such suit may be brought in either division of said district in which any defendant or defendants reside, and all mesne and final process subject to the provisions of this act. issued in either of the divisions of the judicial district of Kansas, may be served and executed in either or all of the divisions.

Sec. 3. That all crimes and offenses against the laws of the UnitedQuapaw Indian Agency. States hereafter committed within the counties comprising the third division of said district, and all crimes and offenses against said laws known and defined as infamous hereafter committed within the limits Proviso.of the Quapaw Indian Agency, in the Indian Territory, and of which the courts in Kansas have heretofore had jurisdiction, shall be prosecuted, tried, and determined at the terms of the district court hereinbefore Pending prosecutions.provided for: *Provided*, That all such crimes and offenses heretofore Deputy marshal and clerks.committed within said district shall be prosecuted, tried, and determined in the same manner and with the same effect as if this act had not been passed.

Sec. 4. That the clerks of the circuit and district courts for said District and the marshal of said district*Proviso*. shall each appoint a deputy, who shall reside and maintain an office at the City of Fort Scott, each of whom shall, in the absence of the clerks or marshal, exercise all the powers and perform all the duties of his principal within the division for which he shall be appointed: *Provided* That the appointment of such deputy shall be approved by the court Court to approve appointments.for which they shall be respectively appointed, and they may be removed by such court at pleasure, and the clerk and marshal shall be responsible for the official acts and neglects of all their deputies.

Bock Creek and Eckington railway companies may contract for running cars over tracks of each other. 25 Sec. 5. That all civil suits and proceedings now pending in the circuitTransfer of pending causes. or district court of said district of Kansas which would if instituted after the passage of this act, be required to be brought in the third division of said district, may be transferred by consent of all the parties to said third division of said district, and there disposed of in the same manner and with like effect as if the same had been there instituted, and all process, writs, and recognizances relating to such suits and proceedings so transferred shall be considered as taken at and returnable to the term of court in the third division of said district in the same manner and with like effect as if they bad been issued or taken in reference thereto originally.

Approved, May 3, 1892.