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Code · STATUTES-AT-LARGE · Vol. 34 STAT. · June 2, 1906 · Chapter 2569

Chapter 2569. To regulate the practice in certain civil and criminal cases in the western district of Arkansas

654 words·~3 min read·/statutes-at-large/vol-34/chapter-2569-1063650·

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CHAP. 2569.— An Act To regulate the practice in certain civil and criminal cases in the western district of Arkansas. June 2, 1906. [[H. R. 18328](/us/bill/34/hr/18328).] [[Public, No. 188](/us/pl/34/188).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, United States courts.Arkansas western Judicial district.Transfer of civil cases to divisions.Vol. 29. p. 591. That in civil cases in law or equity, now or hereafter pending, in either the district or circuit court of the United States, for either of the divisions of the western district of Arkansas, may, on written stipulation of the parties or their attorneys of record, signed and filed with the papers in the ease, in vacation or in term, and on the written order of the judge, signed and filed in 207the case, in vacation, or on the order of the court, duly entered of record, in term, he transferred to another division of the district for final trial; and in the event of such transfer, it shall be the duty of the clerk of the court in which such suit is pending to make out and transfer a certified copy of all the record entries in the case together with all the original papers in the case to the clerk of the court to which such case is transferred, for which he shall have such fees as are now allowed for making transcripts, and the sum of two dollars additional for transferring the, same, to be taxed as costs and paid as other costs in the ease, and the clerk receiving such transcript and original papers shall tile the same and the case shall then proceed to final disposition as other cases of like nature.
Sec. 2. That the defendants in criminal cases now or hereafter pendingCriminal causes transferred to FortSmith division. in the district courts of the Harrison or Texarkana divisions of the western district of Arkansas and who are incarcerated at Fort Smith to await trial because of their inability to furnish bail and who desire to plead “guilty” may, on their written motion showing those facts and filed in the case, in vacation, and upon the order of the judge, duly signed and tiled in the case, have their cases transferred to the Fort Smith division of the western district of Arkansas, to the end that trials may be had and sentences imposed as in other cases of like nature; and prisoners bound over to answer to indictments in the Harrison or Texarkana divisions of the western district of Arkansas for offenses committed in those divisions and who are incarcerated in the jail at Fort Smith, Arkansas, for inability to furnish bail, and who desire to plead “guilty” to such offenses, may on their own motions have their cases submitted to a grand jury of the Fort Smith division for indictment and final disposition in the courts of that division, or in proper eases may plead to informations filed in the proper court in said division and have their cases disposed of as other cases of like nature when the offense was committed in the Fort Smith division.
When a transfer is ordered, as provided in this section, the clerk shallCertified copies of record entries, etc. make out and forthwith send a certified copy of the record entries, together with the indictment and all the. original papers, to the clerk of the court to which such case is transferred, who shall tile the same, and thereupon the case shall be proceeded with as other eases of like nature pending in such court. For making out said transcript andCompensation. forwarding the same, together with the original papers in said ease, the clerk of the court shall have the usual compensation for making out transcripts, as now provided by law, and two dollars additional, to be taxed and paid as other costs in like cases.
Approved, June 2, 1906.
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