Chapter 66. To provide for the division of the eastern district of Michigan into the northern and southern divisions, and for holding the circuit, and district courts of the United States therein, and for other purposes
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CHAP. 66.— An Act To provide for the division of the eastern district of Michigan into the northern and southern divisions, and for holding the circuit, and district courts of the United States therein, and for other purposes.April 30, 1894. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Michigan eastern judicial district.Two divisions created.[R. S., sec. 538, p. 90, amended](/us/rs/t/s538/p90).Northern division.
That the eastern district of Michigan be, and the same is hereby, divided into two divisions, to be known as the northern division and the southern division, respectively, and that the following-named counties shall be and constitute the northern division: Cheboygan, Presque Isle, Otsego, Montmorency, Alpena, Crawford, Oscoda. Alcona, Roscommon, Ogeman, Iosco, Clare, Gladwin, Arenac, Isabella, Midland Bay, Tuscola, Huron, Gratiot, Saginaw, Shiawassee, and Genesee; and the following-named counties shall constitute the southern division:
Saint Clair, Lapeer, Sanilac,Southern division. Macomb, Oakland, Livingston, Ingham,Clinton, Jackson, Washtenaw, Wayne, Branch, Hillsdale, Lenawee, Calhoun, and Monroe. Sec. 2. That there shall be at least two regular annual sessions ofTerms.Bay City. the circuit and district courts begun and held at Bay City in said northern division, commencing on the first Tuesdays of May and October in each year; and all issues of fact shall be tried at the terms of said courts to be held in the division where such suit shall be hereafter[R.
S., sec, 572, p. 99; sec. 658, p. 121](/us/rs/t/s572/p99/s658/p121). commenced. There, shall also be held a special or adjourned term of the district court at said Bay City for the hearing of admiralty causes, beginning in the month of February in each year. The time and terms of court at Detroit and Port Huron in the southern division of said district shall remain as now fixed by law. Sec. 3. That all suits and proceedings hereafter to be tried in saidJurisdiction. circuit and district courts, not of a local nature, shall be brought in the court of the division of the district where the defendant, or one of the defendants if there be several, resides, and if there be several defend ants, part of whom reside in one division and part in another of the district, the plaintiff may sue in either division and send a duplicate writ or writs to the Other defendants on which the plaintiff or his attorney shall indorse that the writ thus sent is a copy of a writ sued out, in the proper division of said district, and said writs when executed and returned into the office from which they issued shall constitute one suit and be proceeded in accordingly, Actions in rem in admiraltyAdmiralty actions. may be brought in whichever division of the. district, service can he had upon the res.
Sec. 4. That the clerks of the circuit and district courts for the. easternClerks. district of Michigan shall each keep his office at the city of Detroit and shall each appoint a deputy clerk for said courts held at Bay City, who shall reside and keep his office at that place, and such deputy clerk or clerks shall keep in his office dockets and full records of all actions and proceedings in said circuit and district courts for the northern division of said district held at that place, and shall have the same power to issue all processes from said courts and perform any other duty that is or may be given to the clerks of other circuit and district courts in like eases. 68 Sec. 5.
That the district attorney and marshal of said eastern districtDuties of attorney and marshal. of Michigan shall respectively perform the respective duties of district attorney and marshal for the southern and northern divisions Deputy marshallof said district as established by this Act. The marshal of said district shall keep an office of deputy marshal at Bay City in the northern division of said district, and mileage on service of process in said northern division shall be computed from Bay City.
Sec. 6. That any person charged with violating any of the penal orCriminal prosecutions. criminal statutes of the United States in which said circuit or district courts have jurisdiction shall be proceeded against by indictment or otherwise within the division of said district where the alleged offense or offenses shall be committed, and shall have his or her trial at a term of said court held in said division, unless, for cause shown, the Juries.judge shall otherwise direct; and one grand and one petit jury only shall be summoned, and serve in both said courts at each term thereof; jurors shall be selected and drawn from the division of said district in which they reside and in which the terms of said circuit and district courts to which they are summoned are held.
Sec. 7. That this Act shall not affect or in anywise interfere withPending causes. causes of action now pending in the circuit or district courts for the eastern district of Michigan, but the same may be proceeded with in the same manner as though this Act had not been passed. Sec. 8. That all provisions of laws in conflict with this Act areRepaid. hereby repealed. Approved, April 30, 1894.