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Louis.

Courts at Saint gomery, Lincoln, Warren, and Saint Charles shall constitute the eastern division of said district, the courts for which are now established and held and shall be continued at the city of Saint Louis. Northern divi- The remaining counties within the eastern district shall constitute sion. Courts at the northern division of said district, and the courts therefor shall Hannibal. be held at the city of Hannibal. (2)

Western district divided.

The western judicial district of Missouri shall be divided into four divisions to be known as the Saint Joseph, the western, the central, 1890, Aug.29, ch. and the southern divisions. The counties of Clay, Ray, Carroll, 818, post, p. 790. Western divi- Chariton, Sullivan, Jackson, La Fayette, Saline, Cass, Johnson, Bates, Henry, Vernon, Putnam, Caldwell, Livingston, Grundy, Mercer, Linn, Barton, Jasper, and Saint Clair shall constitute the Courts at Kan- western division, the courts circuit and district for which shall be sas City. continued at the city of Kansas.

gn.

Saint Joseph di- The counties of Atchison, Nodaway, Holt, Andrew, Buchanan, vision. Courts at Platte, Clinton, Harrison, Daviess, De Kalb, Gentry, and Worth Saint Joseph. shall constitute the Saint Joseph division and the courts therefor shall be held at the city of Saint Joseph.

Southern divi

The counties of Cedar, Polk, Dallas, Laclede, Pulaski, Dade, sion. Courts at Greene, Webster, Wright, Texas, Lawrence, Christian, Douglass, Springfield. Howell, Newton, Barry, McDonald, Stone, Taney, and Ozark shall constitute the southern division of said western district, the courts for which shall be held at the city of Springfield.

Central division.

Jurisdiction of

The remaining counties within the said western district shall conCourts at Jeffer- stitute the central division of said district, and the courts circuit and son City. district therefor shall be continued and held at Jefferson City. SEC. 3. [Superseded by 1890, May 14, ch. 202, post, p. 738.] SEC. 4. That hereafter all suits to be brought in the courts of the courts in Missouri. United States in Missouri, not of a local nature, shall be brought in the division having jurisdiction over the county where the defendants, or either of them reside; but if there be more than one defendant, and a part of them reside in different divisions or dis.ricts of said State, the plaintiff may sue in either division of either district where one of such defendants resides, and send duplicate writs to the other division or district directed to the marshal of said district, on which said writs shall be endorsed, by the plaintiff or his attor ney, that the same is a duplicate of the original writ sued out of the court of the proper division and district.

Transfer of

cases.

Pending causes.

Any cause may, by the written consent of both parties or their attorneys of record, be transferred to the court of either division or district, without regard to the residence of the defendants, and whether such cause be now pending or be instituted hereafter.

All civil causes now pending in any of the courts in said eastern or western district, or any division thereof, against parties residing in some other division hereby created, may remain and be finally disposed of in the court in which they are now pending, respectively, unless the defendants therein shall desire to have the same transferred to the appropriate court of the division in which they reside, in which last event such transfer shall be applied for to the court of the division in which the cause is pending;

Transmission of And when a cause shall be ordered to be transferred, as above papers, tran- provided, to a court in any other division, it shall be the duty of the scripts, &c. clerk of the court from which the transfer is made to carefully transmit to the clerk of the court to which the transfer is made the entire file of papers of the cause, and all documents and deposits in his court pertaining thereto, together with a certified transcript of the record of all orders; interlocutory decrees, or other entries in the

cause;

And he shall also certify under seal of the court, that the papers. sent are all which are on file in said court belonging to the cause, for

NOTE.-(2) The time of holding courts at St. Louis is fixed by R. S., §§ 572, 658; at Hanibal by 1800,
May 14, ch. 202, post, p. 738, superseding 1888, Apr. 19, ch. 129 (25 Stat. L., 88); and at Kansas City,
Saint Joseph, Jefferson City, and Springfield, by 1890, Aug. 29, ch. 818, post, p. 790, superseding 1888,
Sept. 26, ch. 1040 (25 Stat. L., 497).

the performance of which duties said clerk so transmitting and certifying shall receive the same fees as now allowed by law for similar services, to be taxed in the bill of costs and regularly collected with the other costs of the cause; and such transcript, when so certified and received, shall thence forth constitute a part of the record of the cause in the court to which the transfer shall be made.

Clerks.

SEC. 5. That there shall be appointed a clerk for each of said courts at Hannibal, Saint Joseph, City of Kansas and Springfield, and each clerk shall be a resident of the division in which the court of which he is clerk is held; he shall keep an office, and the records, files and documents pertaining to the court of his division, and he shall discharge all the duties and receive the fees required or allowed by law. And the marshals and the district attorneys for the said eastern and western judicial district shall be the marshal and attorney, district attorneys. respectively, for the divisions for their respective district, and shall be allowed the same fees and be subject to the same duties and liabilities as may be provided by law;

That process issuing out of the courts of either division of said. districts shall be directed to the marshal of the district in which the division is located, and may be executed by him or his deputies upon the party or parties against whom issued wherever found within his district; and the marshal of each district shall keep an office and at least one general deputy residing at the place of holding courts in each division, excepting the division in which he may himself reside.

Marshals

Processes.

and

Transfers may

tion or term-time.

SEC. 6. That all civil causes and proceedings in law, equity, or bankruptcy now pending in any district or circuit court of the United be made in vacaStates in the State of Missouri, where all the defendants (or plaintiffs, where the jurisdiction is derived from the residence of the plaintiffs) shall reside in either of the divisions in which courts are hereby established, may in the discretion of the court be transferred to the court of the division in which the defendants (or plaintiffs, where the jurisdiction is derived from their residence) reside, and the transfer may be made in vacation or in term-time.

If made in vacation, an affidavit of all the parties defendant that they are resident in said division shall be filed, and ten days notice of the purpose and time of hearing of said motion shall be given the opposite party or his attorney of record; but if made in term-time, then on motion and affidavit only.

Appeals and

And the said circuit and district courts for said divisions shall have the same powers and jurisdiction, with the same right to parties to writs of error. prosecute appeals and writs of error thereupon, as now pertain to the district and circuit courts for said eastern and western judicial districts.

All crimes and offenses heretofore committed within either of said districts shall be prosecuted, tried and determined in the same manner and with the same effect as if this act had not been passed. SEC. 7. [Temporary and superseded.] [February 28, 1887.]

Crimes.

CHAP. 272.-An act to regulate steam-engineering in the District of Columbia.

Feb. 28, 1887.

District of Columbia. Steam engineers

Be it enacted, &c., That it shall be unlawful for any person to act 24 Stat. L., 427. as steam-engineer in the District of Columbia who shall not have been regularly licensed to do so by the Commissioners thereof. SEC. 2. That all persons applying for such license shall be exam- to be licensed. ined by a board of examiners composed as follows: The boilerinspector for the District of Columbia and two practical engineers to iners. be appointed by the District Commissioners.

Said examination shall be conducted in all respects under such rules and regulations as the Commissioners of the District of Columbia shall from time to time provide; and all steam-boilers and engines

SUP R S- -35

Board of exam

Rules.

Qualifications.

Fee, $3.

Punishment for intoxication.

neers.

shall be subjected to such tests as the said Commissioners may prescribe.

SEC. 3. That applicants for license as steam-engineers must be twenty-one years of age and of temperate habits; must make application in writing, to which application must be attached a certificate as to character and moral habits signed by at least three citizens of the District of Columbia, themselves of moral standing.

SEC. 4. That the fee for a license as steam-engineer shall be three dollars.

SEC. 5. That any person employed as a licensed steam-engineer in the District of Columbia who is found under the influence of intoxicating liquor while on duty, shall, for the first offense, have his license revoked for six months; for the second offense, twelve months; and for the third offense, shall have his license revoked and be debarred from following the occupation of licensed steam-engineer in the District of Columbia for the period of five years.

for employing SEC. 6. That any owner or lessee of steam-boiler or engine, or the non-licensed engi- secretary of any corporation, who shall knowingly employ a steamengineer as such who has not been regularly licensed to act as such, shall on conviction thereof by the police court of the District of Columbia, be fined fifty dollars, and in default of payment of such fine shall be confined for a period of one month in the workhouse of the District of Columbia:

Heating boilers.

Section not to

Provided, That boilers used for steam-heating, where the water returns to the boiler without the use of a pump and injector or inspirator, and which are worked automatically, shall be exempt from the provisions of this section.

SEC. 7. That the foregoing section shall not apply to engineers who apply to engineers have been licensed by the United States Government or the laws of licensed by U. S., any State.

&c.

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That this act shall take effect sixty days after the approval [February 28, 1887.]

Feb. 28, 1887.

24 Stat. L., 428. Arkansas, east

Texarkana.

CHAP. 273.-To provide for holding terms of United States courts at Texarkana, Arkansas, and for other purposes.

Be it enacted, &c., That terms of the circuit and district courts ern district, courts of the United States for the eastern judicial district for the State of of, to be held at Arkansas shall be held twice in each year at the city of Texarkana, R. S., §§ 533,572, in said eastern judicial district, commencing on the second Mondays in January and July, to be known as the Texarkana division of said district.

658.

1877, Jan. 31, ch. 41, ante, p. 129. 139, ante, pp. 497, Texarkana dívision.

Jurisdiction of

1886, June 19, ch. 422; 1887, Feb. 17, ch.
538. 1890, March 7, ch. 28, post, p. 707.

SEC. 2. That all process, civil and criminal, against persons residing in the counties of Columbia, Howard, Hempstead, La Fayette, Little River, Miller, Nevada, Ouachita, Pike, and Sevier, shall be made returnable to said courts, respectively, at said city of Texarkana:

Provided, That all crimes and offenses heretofore committed within crimes heretofore the division created by this act shall be prosecuted, tried and determined in the same manner and with the same effect as if this act had not been passed.

committed.

Deputy clerk.

SEC. 3. That the clerk of the courts for said district shall appoint a deputy for the said division, who shall keep an office open at all times in the city of Texarkana, and shall there keep the records, files, and documents pertaining to the courts authorized by this act. [February 28, 1887.]

CHAP. 275.-An act to make Tampa, Florida, a port of entry.

Be it enacted, &c., That the port of Tampa, Hillsborough County, Florida, be, and the same is hereby, made a port of entry. [February 28, 1887.]

February 28, 1887.

24 Stat. L., 429. Tampa, Fla., a port of entry. R. S., § 2562. 1886, May 1, Res

No. 12, ante, p. 516. 1889, March 1, ch. 311; 1890, April 3, ch. 62, post, pp. 652, 711.

CHAP. 278.—An act to define the boundaries of the collection districts of Miami and Sandusky, February 28, 1887.

in the State of Ohio.

Be it enacted, &c., That section twenty-six hundred and three of the Revised Statutes is hereby so amended that the district of Miami, in the State of Ohio, shall comprise all the waters and shores of Lake Erie within the jurisdiction of the United States from the western bank of the Portage River to the western bank of the Miami River, in which Toledo shall be the port of entry;

24 Stat. L., 430. Ohio Collection districts. Miami. Superseding

R. S., § 2603.

And so that the district of Sandusky shall comprise all the waters Sandusky. and shores of Lake Erie within the jurisdiction of the United States from the eastern bank of the Vermillion River to and including the western bank of the Portage River, and all the islands at the head of Lake Erie, lying east of a line drawn north from the west bank of the Portage River at its mouth, in which Sandusky shall be the port of entry.

Vessels shall be allowed to ply between the port of Toledo, in thẹ Miami district, and any of the said islands, in the same manner and subject to the same conditions only as if said islands were in the district of Miami. [February 28, 1887.]

CHAP. 279.—An act to provide for holding terms of United States courts at Vicksburg, Missis- February 28, 1887.

sippi.

24 Stat. L., 430. Be it enacted, &c., That the counties of Washington, Sharkey, Western division, Mississippi.Issaquena, and Warren shall constitute a part of the southern judi- southern district. cial district of Mississippi, and shall be known as the western divi- R. S., § 539. sion of said district; 1882, June 15, ch. 218, ante, p. 344. 1888, April 11, ch. 81, post, p. 584. And circuit and district courts for the transaction of business perCourts at Vickstaining to the persons and property in said western division shall be burg. held at the city of Vicksburg on the first Mondays of January and July in each year, and shall be held for four weeks, or so long as business may require.

SEC. 2. That the said courts to be held at Vicksburg as provided in section one of this act shall be possessed of and shall exercise all the powers and jurisdiction now possessed or exercised, or which may hereafter be granted to or exercised, by the circuit and district courts in said district now held at Jackson; and all laws regulating and defining how suits against persons or property located or found in judicial districts shall be brought shall be applicable to and govern the bringing of suits in said division; and all laws touching the removal of causes from State courts to United States courts shall apply to said court hereby established;

But all crimes and offenses heretofore committed within said southern district shall be prosecuted, tried and determined in the same manner and with the same effect as if this act had not been passed.

SEC. 3. [Relates to pending cases.]

SEC. 4. That the marshal and clerks of said southern district of

Jurisdiction.

Crimes.

Marshal and

Mississippi shall appoint deputies, who shall reside at Vicksburg clerks to appoint and act as marshal and clerk of said courts in place of their prin- deputies.

cipals.

SEC. 5. [Superseded.] [February 28, 1887.]

CHAP. 281.-An act to enable foreign executors and administrators to sue in the District of
Columbia, and for other purposes.

Feb. 28, 1887. 24 Stat. L., 431. District of Be it enacted, &c., That from and after the passage of this act it Columbia. shall be lawful for any person or persons to whom letters testamenForeign executors and adminis- tary or of administration have been or hereafter may be granted by trators may sue in. the proper authority, in any of the United States or the Territories Reenactment of thereof, to maintain any suit or action and to prosecute and recover 1812, June 24, ch. any claim in the District of Columbia, in the same manner as if the 106, § 11 (2 Stat. letters testamentary or of administration had been granted to such L., 758) omitted from R. S. of D. C. person or persons by the proper authority in the said District;

14 Pet., 33.

15 Pet., 1.

And the letters testamentary or of administration, or a copy thereof, certified under the seal of the authority granting the same, 18 Howard, 103. shall be sufficient evidence to prove the granting thereof, and that the person or persons, as the case may be, hath or have administration: may be re- Provided, nevertheless, That the supreme court of the District of quired to give Columbia shall have the power, and such power is hereby given to security. the said court, upon petition of any one interested, to require from such person or persons the security now required by law in like case from a resident administrator or executor.

Exceptions in SEC. 2. That all exceptions in favor of parties beyond the District favor of parties of Columbia which may by existing laws be replied or relied on in beyond District re- any action or proceeding brought in the said District are hereby Reenactment of repealed and abrogated:

pealed.

R. S. of D. C., § Provided, That this section shall not affect the right of parties in 466. 94 U. S., 773. actions now pending. [February 28, 1887.]

Feb. 28, 1887.

24 Stat. L., 434. Adjutant-Gen

CHAP. 287.-An act to effect a rearrangement of grades of office in the Adjutant-General's Department of the Army.

Be it enacted, &c., That the Adjutant-General's Department of the eral's department. Army shall consist of one Adjutant-General, with the rank, pay, Number, grade, and rank of offi- and emoluments of brigadier-general; four assistant adjutants-general, with the rank, pay, and emoluments of colonel; six assistant adjutants-general, with the rank, pay, and emoluments of lieutenant-colonel; and six assistant adjutants-general, with the rank, pay, and emoluments of major:

cers.

R. S., §§ 1118,

1194.

Provided, That the vacancies in the grade of colonel and lieutenant-colonel created by this act shall be filled by the promotion by seniority of the officers now in the Adjutant-General's Department. [February 28, 1887.]

Feb. 28, 1887.

24 Stat. L., 434. Mackerel, ex

CHAP. 288.-An act relating to the importing and landing of mackerel caught during the spawning season.

Be it enacted, &c., That for the period of five years from and cept Spanish. not after the first day of March, eighteen hundred and eighty-eight, no to be imported be- mackerel, other than what is known as Spanish mackerel, caught tween March and between the first day of March and the first day of June, inclusive, of each year, shall be imported into the United States or landed upon its shores:

June for five

years.

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Provided however, That nothing in this act shall be held to apply to mackerel caught with hook and line from boats, and landed in said boats, or in traps and weirs connected with the shore.

SEC. 2. That section forty-three hundred and twenty-one of the Revised Statutes is amended, for the period of five years aforesaid, so as to read before the last sentence as follows: "This license does not grant the right to fish for mackerel, other than for what is known as Spanish mackerel, between the first day of March and the

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