Chapter 393. To amend section 80 of the Judicial Code to create a new judicial district in the State of Indiana, and for other purposes
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Chap. 393: To amend section 80 of the Judicial Code to create a new judicial district in the State of Indiana, and for other purposes. Chapter 393 45 Stat. 437 1928-04-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 1 public Chapter 393.— An Act To amend section 80 of the Judicial Code to create a new judicial district in the State of Indiana, and for other purposes.
April 21, 1928.[[S. 2752](/us/bill/70/s/2752).][[Public, No. 289](/us/pl/70/289).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That section 80 United States courts.U. S. Code, p. 880.of the Judicial Code, as amended, is amended to read as follows: " “Sec. 80. The State of Indiana shall constitute two judicial Indiana judicial districts.Vol. 36, p. 1110, amended. 438 “A. Southern district. For the purpose of holding terms of court the southern district of Indiana shall be divided into four divisions, constituted Indianapolis division.as follows:
The Indianapolis division, which shall include the territory 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, Terre Haute division.Tipton, Union, and Wayne; the Terre Haute division, which shall include the territory embraced within the counties of Clay, Greene, Evansville division.Knox, Owen, Parke, Putnam, Sullivan, Vermilion, and Vigo: the Evansville division, which shall include the territory embraced within the counties of Davies, Dubois, Gibson, Martin, Perry, Pike, New Albany division.Posey, Spencer, Vanderburg, and Warrick; and the New Albany division, which shall include the territory embraced within the counties of Clark, Crawford, Dearborn, Floyd, Harrison, Jackson, Jefferson, Jennings, Lawrence, Ohio, Orange, Ripley, Scott, Switzerland, and Washington.
“B. Northern district. For the purpose of holding terms of court the northern district shall be divided into three divisions, constituted as follows: Fort Wayne division.The Fort Wayne division, which shall include the territory embraced within the counties of Adams, Allen, Blackford, Dekalb, Grant, Huntington, Jay, Lagrange, Noble, Steuben, Wells, and Whitley; South Bend division.the South Bend division, which shall include the territory embraced within the counties of Cass, Elkhart, Fulton, Kosciusko, Laporte, Marshall, Miami, Pulaski, Saint Joseph, Starke, and Hammond division.Wabash; the Hammond division, which shall include the territory embraced within the counties of Benton.
Carroll, Jasper, Lake, Newton, Porter, Tippecanoe, Warren, and White. “2. Terms, southern district. Except as hereinafter in this section provided, terms of the District Court for the Southern District shall be held for the Indianapolis division at Indianapolis on the first Mondays of May and November 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 Terms, northern district.of each year.
The terms of the District Court for the Northern District of Indiana shall be held for the Fort Wayne division at Fort Wayne on the first Mondays of April and December of each year; for the South Bend division at South Bend on the first Mondays of October and February of each year; for the Hammond Allowance for holidays.division at Hammond on the first Mondays of March and November of each year. When the time fixed as above for the sitting of a court shall fall on a legal holiday the terms shall begin upon the next day following.
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 the term of court elsewhere; but the term about to commence in another division may Grand jury may investigate, etc., crimes committed in another division.be postponed or adjourned over until the business of the court in session is concluded. A grand jury summoned to attend a term of court held in any division of either of the districts as above provided, 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 within the division in which the jury is in session.
“3. Senior judge to be judge for southern district. A. The senior district judge for the district of Indiana in office immediately prior to the passage of this Act shall be the district judge for the southern district as constituted by this Act; the junior Junior, for northern district.district judge for the district of Indiana immediately prior to the passage of this Act shall be the district judge for the 439northern district as constituted by this Act; and the district attorney Present district attorney and marshal assigned to southern district.and marshal for the district of Indiana in office immediately prior to the passage of this Act shall be during the remainder of their present terms of office the district attorney and marshal for the southern district as constituted by this Act.
“B. The President is authorized and directed to appoint, by and District attorney and marshal to be appointed for northern district.with the advice and consent of the Senate, a district attorney and a marshal for the United States District Court for the Northern District of Indiana. “4. A. The clerk of the court for the southern district shall Offices of clerks.maintain an office in charge of himself or a deputy at Indianapolis, Terre Haute, Evansville, and New Albany, and the clerk of the court for the northern district shall maintain an office in charge of himself or a deputy at Fort Wayne, South Bend, and Hammond.
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 transactions and proceedings of the district court held at that place in which the office is located. “5. A. The following Act is repealed: ‘An Act to authorize the Former Act repealed.Vol. 43, p. 751, repealed.appointment of an additional district judge in Indiana for the district of Indiana and to establish judicial division lines and for other purposes, being the Act approved January 16, 1925.’” " Approved, April 21, 1928.
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Chapter 393
To amend section 80 of the Judicial Code to create a new judicial district in the State of Indiana, and for other purposes
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