Chapter 144. To fix a term of the Federal district and circuit courts of the southern judicial district of Mississippi, to be field at Meridian, Mississippi, to include the counties named
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CHAP. 144.— An Act To fix a term of the Federal district and circuit courts of the southern judicial district of Mississippi, to be field at Meridian, Mississippi, to include the counties named.July 18, 1894. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Mississippi southern judicial district. That the southern judicial district of the State of Mississippi be so constituted as to include the counties of Kemper, Noxubee, and Neshoba, and that the counties of Counties added to.[R.
S. sec. 539, p. 91; Vol. 22, p. 101.](/us/rs/t/s539/p91).Lauderdale, Kemper, Noxubee, Leake, Neshoba, Newton, Jasper, Clarke, Wayne, and Jones shall be known as the eastern division of said southern district, and circuit and district courts for the Eastern division.Terms, Meridian.transaction of business pertaining to the persons and property in said eastern division shall be held at the city of Meridian on the second Mondays of 115 March and September of each year and shall continue for three weeks, or so long as business may require.
Sec. 2. That said courts held in Meridian as provided in section oneJurisdiction. of this Act shall be possessed of, and exercise, all the powers and jurisdiction now possessed or exercised, or which may hereafter be granted to or exercised by the circuit and district courts now held at Jackson, and all laws regulating and defining how suits against persons or property located or found in judicial districts shall be brought shall be applicable to and govern the bringing of suits in said division, and all laws touching the removal of causes from State courts to United States courts shall apply to said courts hereby established.
All prosecutionsPending prosecutions. for crimes and offenses heretofore committed shall be commenced and carried on as if this Act had not been passed. Sec. 3. That all civil causes now pending in the circuit or districtPending causes. courts at Jackson, or Aberdeen, or Mississippi City, or Vicksburg, or Oxford, in which a citizen of any county of said eastern division is a defendant, shall remain as they now stand and be tried and determined as if this Act had not been passed, unless by the consent of all the parties such causes shall be removed to the courts held at Meridian, to be tried there.
Sec. 4. That if there be more than one defendant in a cause and the Actions where more than one defendant.defendants reside in different divisions of the said southern district, or any of the defendants reside in the northern district, the plaintiff may sue in either division or district where any defendant resides, and send duplicate writs for the other defendant or defendants, the other division or district where such defendant or defendants reside, and said writs when executed and returned into the court from which they issued shall constitute one suit and be proceeded in accordingly.
Sec. 5. That all processes issued out of said courts at MeridianReturn of procees. against defendants residing in the counties of Lauderdale, Kemper, Noxubee, Leake, Neshoba, Newton, Jasper, Clarke, Wayne, Jones, or any other county, shall be returned to the courts hereby provided to be held in Meridian. Sec. 6. That all grand and petit jurors summoned for service in saidJuries. eastern division of said southern district created by this Act shall be residents of said division.
Sec. 7. That the marshal and clerk of said southern district of Mississippi,Deputy clerk, etc. as constituted before the passage of this Act, shall appoint deputies who shall reside at Meridian. Sec. 8. That the district attorney of the southern district of MississippiDistrict attorney. shall be district attorney for said eastern division, and shall be allowed the same fees and required to perform the same duties and be subject to the same liabilities as now provided by law. Sec. 9.
That when a defendant is sued out of a division of his residence,Change of venue. and is not joined with a codefendant whose residence is in the division where the suit is brought, he may on motion, supported by affidavit, change the venue to the division of his residence. Approved, July 18, 1894.