Chapter 594. To detach certain counties from the United States judicial district of northern California and to annex such counties to the United States judicial district of southern California; to divide said southern district of California into two divisions and to provide for the holding of terms of court at t
1,158 words·~5 min read·
/statutes-at-large/vol-31/chapter-594-1128216·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 594.— An Act To detach certain counties from the United States judicial district of northern California and to annex such counties to the United States judicial district of southern California; to divide said southern district of California into two divisions and to provide for the holding of terms of court at the city of Fresno and city of Los Angeles. May 29, 1900. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That all that portion of the California judicial district.
Certain counties transferred from northern to southern district. State of California now comprised in the counties of Inyo, Mariposa, and Merced is hereby detached from the United States judicial district of northern California, known as the northern district of California, and annexed to and made a part of the United States judicial district of southern California, known as the southern district of California. Sec. 2. That the United States judicial district of southern California, Two divisions of southern district. known as the southern district of California, as enlarged and constituted by this Act, is hereby divided into two divisions, to be known as the northern and southern divisions, to wit, that all that portion of said judicial district of southern California, known as the southern district of California, comprised of the counties of Inyo, Mariposa, Tulare, Merced, Madera, Fresno, Kings, and Kern shall constitute and be known as the northern division of the southern district of California, and that portion of said judicial district of southern California composed of the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura, being all the residue of said district not included in the northern division, shall constitute and be known as the southern division of the southern district of California.
Sec. 3. That after the thirtieth day of June, nineteen hundred, terms Terms of court. of the circuit and district courts of the United States for the said southern district of California shall be held in each of said divisions, 220 at the places in said divisions, and at the times, to wit, in and for the northern division, at the city of Fresno, twice in each year, namely, on the first Monday in May, to be known as the May terms of said courts, and on the second Monday in November, to be known as the November terms of said courts; in and for the southern division, at the city of Los Angeles, twice in each year, namely, on the second Monday in January, to be known as the January terms of said courts, and on the second Monday in July, to be known as the July terms of said courts.
Sec. 4. Where suits may be brought. That all suits not of a local nature in said circuit and district courts against a single defendant, inhabitant of said State, must be brought in the division of the district where he resides; but if there are two or more defendants residing in different divisions of the district, such suits may be brought in either division. Sec. 5. Process, etc. That all civil process issued against persons resident in the northern division of said southern district of California, ind cognizable before the United States courts, shall be made returnable to the courts, respectively, to be held at the city of Fresno; all prosecutions for offenses committed in said northern division shall be tried in the appropriate court of jurisdiction at said city of Fresno; that all civil process issued against persons resident in the southern division of the said southern district of California, and cognizable before the United States courts, shall be made returnable to the courts, respectively, to be held at the city of Los Angeles; and all prosecutions for offenses committed in said southern division shall be tried in the appropriate *Provisos*.
Pending suits, etc., unaffected. court of jurisdiction at said city of Los Angeles: *Provided*, That no process issued or prosecution commenced or suit instituted before the passage and approval of this Act shall be in any way affected by the —in detached counties. provision thereof: *Provided further*, That all offenses committed in that portion of the northern district of California hereby detached therefrom and prior to the passage of this Act shall be prosecuted, tried, and determined in the same manner and with the same effect to all intents and purposes as if this Act had not been passed: *Provided, —transfer of. however*, That the judge of said circuit court and of such district court may, upon motion by either party to any suit now pending in said circuit or district court of the southern district of California, and commenced prior to the passage of this Act, transfer any such cause for hearing to the northern division of said southern district of California, to be tried at said city of Fresno, as though originally commenced in said northern division of said district.
Sec. 6. Jurors. Process. That all grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process subject to the provisions hereinbefore contained, issued in either of said divisions, may be served and executed in either or both of the divisions. Sec. 7. Removal. That in all cases of removal of suits from the courts of the State of California to the courts of the United States in the southern district of California such removal shall be to the United States courts in the division in which the county is situated from which the removal is made, and the time within which the removal shall be perfected, in so far as it refers to or is regulated by the terms of the United States courts, shall be deemed to refer to the terms of the United States courts held in said division of said judicial district.
Sec. 8. Court building, Fresno. That each of said courts held at Fresno shall be held in a building to be provided for that purpose by the county or municipal authorities and without expense to the United States. Sec. 9. Clerk’s office at Los Angeles. That except when court is in session, and a judge present, the clerk’s office of the said courts may be at Los Angeles, where all Deputy at Fresno. records for said courts may be kept, and all duties performed; but should, in the judgment of the district judge and the clerk, the business of said courts hereafter warrant the employment of a deputy 221 clerk at Fresno, California, a deputy clerk may be appointed to reside and keep his office at Fresno.
Sec. 10. That this Act shall be in force from and after the thirtieth Effect. Repeal. day of June, anno Domini nineteen hundred, and all Acts and parts of Acts so far as inconsistent herewith are hereby repealed. Approved, May 29, 1900.