Chapter 366. To provide times and places for holding terms of United States courts in Utah
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CHAP. 366.— An Act To provide times and places for holding terms of United States courts in Utah. March 2, 1897. *Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled*, United States courts.Utah.Vol. 28, p. 110.Circuit court. That the circuit court of the United States in and for the State of Utah shall be held at the time and place provided by law for holding the United States district court in and for said State. Sec. 2.
Divisions created.That for the purpose, of holding terms of the district court, said district shall be divided into two divisions, to be known as the Northern division.northern and central divisions. The counties of Weber, Davis, Morgan, Rich, Cache, and Box elder shall constitute the northern division, Central division.the court for which shall be held at the city of Ogden; and all remaining counties of the said State shall constitute the central division, the court for which shall be held at the city of Salt Lake.
Sec. 3. Jurisdiction.That all civil suits not of a local character which shall be brought in the district or circuit courts of the United States for the district of Utah, 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, or 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 issued in either of said divisions may be served and executed in either or both of said divisions.
Removal of causes.All issues of fact in civil causes triable in any of the said courts shall be tried in the division where the defendant, or one of the defendants, reside, unless by consent of both parties the case shall be removed to some other division. Sec. 4. Clerks.That the clerks of the circuit and district courts for said district shall each appoint a deputy clerk at each of the places whereFIFTY-FOURTH CONGRESS. Sess. II. Chs. 366, 372. 1897.621 their respective courts are required to be held in the divisions of the district, except in the division in which such clerk shall himself reside, each of which deputies shall, in the absence of the clerk, exercise all the powers and perform all the duties of the clerk within the division for which he shall be appointed: *Provided*, That the appointment ofProviso.Deputies, removal, etc. such deputies shall be approved by the court for which 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. 5. That the terms of the district court for the district of theTerms.Salt Lake. State of Utah shall be held at the city of Salt Lake, beginning on the first Monday of May and the first Monday of December in each year, and at the city of Ogden, beginning on the first Monday of March andOgden. the first Monday of September of each year; and all 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 place of holding been designated in the original Act.
Sec. 6. That no action, suit, proceeding, information, indictment,Pending causes. 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. Received by the President, February 18, 1897. [Note by the Department of State.— The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]