Chapter 355. To divide Kentucky into two judicial districts
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CHAP. 355.— An Act To divide Kentucky into two judicial districts. February 12, 1901. *Be it enacted by the Semite and House of Representatives of the United States of America in Congress assembled*, Kentucky divided ifnvitpotcstwo [R.S., sec. 531, p. 89](/us/rs/s531/p89) amended. That section five hundred and thirty-one of the Revised Statutes is hereby amended by striking therefrom the word “Kentucky.” Sec. 2. That the State of Kentucky is divided into two judicial districts,Eastern district, of what composed. which shall be called the eastern and western judicial districts of the State of Kentucky.
The eastern district includes the counties of Carroll, Trimble, Henry, Shelby, Anderson, Mercer, Boyle, Gallatin, Boone, Kenton, Campbell, Pendleton, Grant, Owen, Franklin, Bourbon, Scott, Woodford, Fayette, Jessamine, Garrard, Madison, Lincoln, Rockcastle, Pulaski, Wayne, Whitley, Bell, Knox, Harlan, Laurel, Clay, Leslie, Letcher, Perry, Owsley. Jackson, Estill, Lee, Breathitt, Knott, Pike, Floyd, Magoffin, Martin, Johnson, Lawrence, Boyd, Greenup, Carter, Elliott, Morgan. Wolfe, Powell, Menifee, Clark, Montgomery, Bath, Rowan, Lewis, Fleming, Mason, Bracken, Robertson, Nicholas, Harrison, with the waters thereof.
The western—western. district includes the residue of said State of Kentucky, with the waters thereof. Sec. 3. That the district judge of the judicial district of KentuckyExisting officers to act. as heretofore constituted, and in office at the time this Act takes effect, shall be the district judge for the western judicial district of Kentucky as constituted by this Act. That the clerk of the circuit court and the clerk of the district court in said judicial district of Kentucky as heretofore constituted, and in office at the time this Act takes effect,782 shall be the clerks of the circuit and district courts of the western judicial district of Kentucky, respectively, as hereby constituted, until their successors, respectively, shall be appointed and qualified.
The district attorney, assistant district attorneys, marshal, deputy marshals, deputy clerks, and referees in bankruptcy resident in said western judicial district of Kentucky as constituted by this Act shall, within their respective jurisdictions in said western judicial district, continue in office and continue to be such officers in such western district until the expiration of their respective terms of office as heretofore fixed by law, or until their successors shall be duly appointed and qualified.
Sec. 4. That the President of the United States, by and with theAppointment of judge for eastern district. advice and consent of the Senate, shall appoint a district judge for the eastern judicial district of Kentucky, who shall possess and exercise all the powers conferred by existing law upon the judges of the district courts of the United States, and who shall, as to all business and proceedings arising in said eastern judicial district as hereby constituted or transferred thereto, succeed to and possess the same powers and perform the same duties within the said eastern judicial district as are now possessed by and performed by the district judge for the district of Kentucky.
Sec. 5. That the President of the United States, by and with the—marshal and district attorney. advice and consent of the Senate, shall appoint a marshal and district attorney for the said eastern judicial district of Kentucky as hereby constituted, who shall, within their respective jurisdictions, possess and exercise all the powers conferred by existing law upon the marshals and district attorneys of the United States, respectively. Sec. 6. That all other officers residing within the eastern judicialOther offices to cease, etc. district of the State of Kentucky, as hereby constituted, shall cease to be such officers when their successors are appointed and qualified.
Sec. 7. That the office of marshal and district attorney in each ofVacancies, how filled. said districts, deputy marshals and assistant district attorneys, and all other officers authorized by law and made necessary by the creation of said two districts and the provisions of this Act. and all vacancies created thereby in either of said districts as constituted by this Act, shall be tilled in the manner provided by existing law. The salaries,Existing salaries unchanged. pay, fees, and allowances of the judges, district attorneys, marshals, clerks, and other officers in said districts, until changed under the provisions of existing law, shall be the same, respectively, as now fixed by law for such officers in the judicial district of Kentucky as heretofore constituted.
Sec. 8. That all causes and proceedings of every name and nature,Existing salaries unchanged. civil and criminal, now pending in the courts of the judicial district of Kentucky as heretofore constituted whereof the courts of the eastern judicial district of Kentucky as hereby constituted would have had jurisdiction if said district and the courts thereof had been constituted when said causes or proceedings were instituted, shall be, and are hereby, transferred to and the same shall be proceeded with in the eastern judicial district of Kentucky as hereby constituted, and jurisdiction thereof is hereby transferred to and vested in the courts of said eastern judicial district, and the records and proceedings therein and relating to said proceedings and causes shall be certified and transferred thereto; and all causes and proceedings of every name and nature, civil—western. and criminal, now pending in the courts of the judicial district of Kentucky as heretofore constituted whereof the courts of the western judicial district of Kentucky as hereby constituted would have had jurisdiction if said district and the courts thereof had been constituted when said causes or proceedings were instituted shall be. and are hereby, transferred to and the same shall be proceeded with in the western judicial district of Kentucky as hereby constituted, and jurisdiction thereof is hereby transferred to and vested in the courts of said783 western judicial district, and the records and proceedings therein and relating to said proceedings and causes shall be certified and transferred thereto: *Provided*, That all motions and causes submitted, and*Proviso*.Submitted cases, etc., before present judge to be disposed of in western district. all causes and proceedings, both civil and criminal, including proceedings in bankruptcy, now pending in said judicial district of Kentucky as heretofore constituted in which the evidence has been taken in whole or in part before the present district judge of the judicial district of Kentucky as heretofore constituted, or taken in whole or in part and submitted and passed upon by the said district judge, shall be proceeded with and disposed of in said western judicial district of Kentucky as constituted by this Act.
Sec. 9. That the regular terms of the circuit and district courts ofTerms of court.—western district the United States for the western district of Kentucky shall be held at the following times and places, namely: At Louisville, beginning on the second Monday in March and the second Monday in October in each year; at Owensboro, beginning on the fourth Monday in November and the first Monday in May in each year; at Paducah, beginning on the third Monday in April and the third Monday in November in each year; at Bowling Green, beginning on the third Monday in May and the second Monday in December in each year.
That the regular terms of the circuit and district courts of the United—eastern district. States for the eastern district of Kentucky shall be held at the following times and places, namely: At Frankfort, beginning on the second Monday in March and the fourth Monday in September in each year; at Covington, beginning on the first Monday in April and the third Monday in October in each year; at Richmond, beginning on the fourth Monday in April and the second Monday in November in each year; at London, beginning on the second Monday in May and the fourth Monday in November in each year, and at such other times and places as may hereafter be provided by law.
Sec. 10. That the terms of said courts shall not be limited to anyLength of term. particular number of days nor shall it be necessary to adjourn by reason of the intervention of a term elsewhere; but the court intervening may be adjourned until the business of the court in session is concluded. Sec. 11. That nothing in this Act shall be construed to repeal sectionMonthly adjournments for trial of criminal cases. [R. S., sec. 578, p. 102](/us/rs/s578/p102). Vol. 25, p. 389. five hundred and seventy-eight of the Revised Statutes or the Act of August eighth, eighteen hundred and eighty-eight, entitled “An Act to provide for holding terms of the circuit and district courts of the United States for the district of Kentucky at Owensboro, in said district, and for other purposes.
” Sec. 12. That all prosecutions for crimes or offenses hereafter committedJurisdiction of crimes. in either of said districts shall be cognizable within the district in which committed, and all prosecutions for crimes or offenses committed before the passage of this Act in which indictments have not been found or proceedings instituted shall be cognizable within the district as hereby constituted in which such crimes or offenses were committed. Sec. 13. That all laws and parts of laws, so far as inconsistent withRepeal. the provisions of this Act, are hereby repealed.
Sec. 14. That this Act shall take effect on the first day of July,Effect. nineteen hundred and one. Approved, February 12, 1901.