Chapter 287. To create a new division in the eastern judicial district of the state of Missouri
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CHAP. 287.— An Act To create a new division in the eastern judicial district of the state of Missouri. January 31, 1905.[[H. R. 12898](/us/bill/34/hr/12898).][[Public, No. 33](/us/pl/34/33).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, United States courts.Missouri eastern district.Southeastern division established.Vol. 24, p. 424, amended. That a new division of the eastern judicial district of the State of Missouri, to be known as the southeastern division judicial district of Missouri, be, and the same is hereby, established, to be composed of the following counties, to wit:
Cape Girardeau, Scott, Mississippi, New Madrid. Pemiscot, Dunklin, 627Stoddard, Butler, Ripley. Carter, Oregon, Shannon. Reynolds. Wayne, Madison. Bollinger, arid Perry, and said counties be, and the same are hereby, transferred to said southeastern division of said eastern district of Missouri; but no additional clerk or marshal shall be appointed in or for said division of said district. Sec. 2. That terms of the circuit and district courts of the said south-easternTerms at Cape Girardeau. division judicial district of Missouri shall be held in the city of Cape Girardeau, in said State, on the second Monday in April and October of each war. after this Act goes into effect.
Sec. 3. That the clerks of the district and circuit courts for theExisting judicial officers to act, etc. eastern district of Missouri and the marshal and attorney of the United States for said district shall perform the duties appertaining to their offices, respectively, for said courts of said southeastern division judicial district, and the clerk’s office of said courts shall be at Saint Louis, where all records of said courts may be kept and all duties performed, except when court is in session at Cape Girardeau; but should theDeputy clerk at cape Girardeau. business of said courts hereafter warrant a deputy clerk at Cape Girardeau, in the judgment of the district judge, then new books and records may be opened for the courts herein created and kept at Cape Girardeau, and a deputy clerk appointed to reside and keep his office at Cape Girardeau. ... .
Sec. 4. That all suits not of a local nature in said circuit andSuits against one or more defendants. district courts against a single defendant, inhabitant of said State, must he brought in the division of the district where he resides; but if there arc two or more defendants residing in different divisions of the district such suits may be brought in either division. Sec. 5. That all prosecutions for crimes or offenses hereafter committedProsecution of crimes. in either of the divisions of said district shall be cognizable within the division in which the said crimes are committed, and all prosecutions for crimes or offenses heretofore committed in the eastern district of Missouri, as heretofore constituted, shall be commenced and proceeded with as if this Act bad not been passed.
Sec. 6. That all grand and petit jurors summoned for service in eachJurors.Precess. 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 any of the divisions. Sec. 7. That in all cases of removal of suits from courts of the StateRemoval of suits. of Missouri to the courts of the United States in the eastern district of Missouri 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 southeastern division judicial district.
Sec. 8. That this Act shall be in force from and after the thirty-firstEffect. day of duly, anno Domini nineteen hundred and five, and all Acts or parts of Acts so far as inconsistent herewith are hereby repealed: *Provided, however,* That suitable rooms and accommodations are furnished*Proviso*.Court room. for the holding of said court at said place free of expense to the Government of the United States. Approved, January 31, 1905.