Chapter 83. To authorize the appointment of an additional district judge in and for the district of Indiana and to establish judicial divisions therein, and for other purposes
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CHAP. 83.— An Act To authorize the appointment of an additional district judge in and for the district of Indiana and to establish judicial divisions therein, and for other purposes. January 16, 1925.[[H. R. 62](/us/bill/68/hr/62).][[Public, No. 324](/us/pl/68/324).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That the State of United States courts.Indiana judicial district.Vol. 36, p. 1110, amended.Divisions created.Indianapolis.Indiana shall constitute one judicial district to be known as the district of Indiana.
For the purpose of holding terms of court the district shall be divided into seven divisions constituted as follows: The Indianapolis division, which shall include the territory Fort Wayne.embraced within the counties of Bartholomew, Boone, Brown, Clinton, Decatur, Delaware, Fayette, Fountain, Franklin, Hamilton, Hancock, Hendricks, Henry, Howard, Johnson, Madison, Marion, Monroe, Montgomery, Morgan, Randolph, Rush, Shelby, Tipton, Union, and Wayne; the Fort Wayne division, which shall include the territory embraced within the counties of Adams, Allen, Blackford, Dekalb, Grant, Huntington, Jay, Lagrange, Nome, Steuben, Wells, and Whitley; the South Bend division, which shall include the territory South Bend.embraced within the counties of Cass, Elkhart, Fulton, Kosciusko, La Porte, Marshall, Miami, Pulaski, Saint Joseph, Starke, and Wabash; the Hammond division, which shall include the territory Hammond.embraced within the counties of Benton, Carroll, Jasper, Lake, Newton, Porter, Tippecanoe, Warren, and White; the Terre Haute Terre Haute.division, which shall include the territory embraced within the counties of Clay, Greene, Knox, Owen, Parke, Putnam, Sullivan, Vermilion, and Vigo; the Evansville division, which shall include Evansville.the territory embraced within the counties of Daviess, Dubois, Gibson, Martin.
Perry, Pike, Posey, Spencer, Vanderburg, and Warrick; the New Albany division, which shall include the territory embraced New Albanywithin the counties of Clark, Crawford, Dearborn, Floyd, Harrison, Jackson, Jefferson, Jennings, Lawrence, Ohio, Orange, Ripley, Scott, Switzerland, and Washington. Sec. 2. That except as hereinafter in this section provided terms of Terms of court.the district court for the Indianapolis division shall be held at Indianapolis on the first Mondays of May and November of each year: for the Fort Wayne division, at Fort Wayne on the first Mondays of June and December of each year; for the South Bend division, at South Bend on the second Mondays of June and December of each year; for the Hammond division, at Hammond on the first Mondays of January and July of each year; for the Terre Haute division, at Terre Haute on the first Mondays of April and October of each year; for the Evansville division, at Evansville on the second Mondays of April and October of each year; for the New Albany division, at New Albany on the third Mondays of April and October of each 752Allowance (or Sundays and holidays.year.
When the time fixed as above for the sitting of the court shall fall on a Sunday or a legal holiday, the term shall begin upon the next following day not a Sunday or a legal holiday. Terms of the district court shall not be limited to any particular number of days, nor shall it be necessary for any term to adjourn by reason of the intervention of a term of court elsewhere; but the term about to commence in another division may be postponed or adjourned over until the business of the court in session is concluded.
Sec. 3. Additional judge to be appointed.Vol. 36, p. 1087, amended. That the President of the United States be, and is hereby, authorized and directed by and with the advice and consent of the Senate to appoint an additional district judge for the district of Indiana, who shall reside in said district, and whose term of office, compensation, duties, and powers shall be the same as now provided by law for the judge of said district. Sec. 4. Office of clerk or deputy in each division.
That the clerk of the court for the district shall maintain an office in charge of himself or a deputy at Indianapolis, Fort Wayne, South Bend, Hammond, Terre Haute, Evansville, and New Albany. Such offices shall be kept open at all times for the transaction of the business of the court. Each deputy clerk shall keep in his office full records of all actions and proceedings of the district court held at the place in which the office is located. Sec. 5. Jury provisions. A judge of the District Court for the District of Indiana may, in his discretion, cause jurors to be summoned for a petit jury in criminal cases, from the division in which the cause is to be tried or from an adjoining division, and cause jurors for a grand jury to be summoned from such parts of the district as he shall from time to time direct.
A grand jury summoned to attend a term of such court may investigate, and find an indictment or make a presentment for, any crime or offense committed in the district, whether or not the crime or offense was committed in the division in which the jury is in session. Sec. 6. Change of venue to adjoining division allowed. That either party in a civil or criminal proceeding in said district may apply to the court in term or to a judge thereof in vacation for a change of venue from the division where a suit or proceeding has been instituted to an adjoining division and the court in its discretion, or the judge in his discretion, may grant such a change.
Approved, January 16, 1925.