or circuit court of the United States 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. And the said circuit and district courts for said divisions shall have the same powers and jurisdiction, with the same right to parties to prosecute appeals and writs of error thereupon, as now pertain to the district and circuit courts for said eastern and western judicial districts. (24 U. S. Stats. 424, sec. 6.) All civil and criminal causes or proceedings pending in the courts of the United States for the northern division of the eastern district of Missouri which originated in said county of Audrain shall remain within the jurisdiction of said courts for that division until finally disposed of, and all offenses committed in said county against the laws of the United States before the passage of this act shall also be cognizable in the United States courts for the northern division of said eastern district until

final disposition of the same. (25 U. S. Stats. 153, sec. 2, as amended 25 U. S. Stats. 408.)

FED. PROC.-3.

All civil suits and proceedings now pending in the circuit or district court of said western district of Missouri, and which would, if instituted after the passage of this act, be required to be brought in the western division of said district, may be t ansferred, by consent of all the parties, to said western division of said district, and there disposed of in the same manner and with like effect as if the same had been there instituted; and all process, writs, and recognizances relating to such suits and proceedings so transferred shall be considered as belonging to the term of the court in the western division of said district, in the same manner and with like effect as if they had been issued or taken in reference thereto originally. (Approved January 21, 1879. See Rev. Stats. secs. 572, 624, 658; 20 U. S. Stats. 2€3.) 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. (24 U. S. Stats. 424.)

OHIO.-Actions or proceedings now pending at Cleveland, in said district, which would under this act be brought in the western division of said district, may be transferred, by consent of all the parties, to said western division; and in case of such transfer, all papers and files therein, with copies of

all journal entries, shall be transferred to the deputy clerk's office at Toledo; and the same shall be proceeded with in all respects as though it originally commenced in the western division. (20 U. S. Stats. 101.) Actions or proceedings now pending at Cincinnati, in said district, which would under this act be brought in the eastern division of said district, may be transferred, by the consent of all the parties, to said eastern division; and in case of such transfer, all papers and files therein, with copies of all journal entries, shall be transferred to the deputy clerk's office at Columbus, and the same shall be proceeded with in all respects as though it originally commenced in the eastern division. (21 U. S. Stats. 63; 1 Sup. 508.) All civil and criminal causes or proceedings now pending in the northern district of Ohio, which originated in said county of Logan, shall remain within the jurisdiction of the United States court for said northern judicial district for final disposition. (26 U. S. Stats. 799.)

TENNESSEE.—All cases now commenced or depending in said western district, affected by this act, shall be heard, tried, and determined in the same manner as if this act had not been passed; and the prosecution of all crimes heretofore committed in said western district shall be prosecuted and punished in the same manner as if this act had not been passed. (Approved March 3, 1875. See Rev. Stats. sec. 547.) Actions or proceedings now pending at Memphis against defendants residing in said county of Hardeman may, on the application of either party, be transferred to the court at Jackson. (22 U. S. Stats. 402.) That causes now pending in the middle district of Tennessee

Joseph V. Seaver

from Fentress county shall be determined where pending, except in cases where both parties consent to removal. (23 U. S. Stats. 280.)

TEXAS.-Civil actions or proceedings now pending in the court at San Antonio against parties residing in the counties of El Paso, Pecos, Presidio, Tom Green and Crockett, and now pending in the court at Graham against parties residing in the counties of Andrews, Gaines, Yoakum, Cockran, Bailey, Parmer, Castro, Lamb, Hockley, Terry, Dawson, Martin, Swisher, Hale, Lubbock, Lynn, Floyd, Crosby, Garza, Borden, Howard, Scurry and Mitchell, as provided in the act to which this is amendatory, may, on the application of either party to such actions or proceedings, be transferred to the court at the city of El Paso. (20 U. S. Stats. 318, as amended 23 U. S. Stats. 35.) Actions or proceedings now pending at Brownsville, Austin, Galveston and Tyler, which, under this act, would be brought in some other district, may, on application of either party, be transferred to the proper court of said district; and in case of such transfer, all papers and files therein, with copies of all journal entries, shall be transferred to the office of the clerk of such court, and the same shall proceed in all respects as though originally commenced in said court. (20 U. S. Stats. 318.)

PENDING CAUSES.-Civil actions or proceedings now pending against parties residing in either of said counties in the courts named in the first and second sections hereof, as provided in the act to which this is an amendment, may, on the application of either party, be transferred to the proper court of said district under this act; and in

case of such transfer, all papers and files therein, with copies of all journal entries, shall be transferred to the office of the clerk of such court; and the same shall proceed in all respects as though originally commenced in said court; and civil actions or proceedings now pending in the circuit courts at Brownsville, Austin, Galveston or Tyler, which under this act would be cognizable in some other district, may, on the application of either party, be transferred to the proper court of said district, and in case of such transfer, all papers and files therein, with copies of all journal entries, shall be transferred to the office of the clerk of such court, and the same shall proceed in all respects as though originally commenced in said court. (21 U. S. Stats. 10, sec. 3.) And in case of such transfer, all papers and files therein, with copies of all journal entries, shall be transferred to the office of the deputy clerk of the court at the city of El Paso, and the same shall proceed in all respects as if originally commenced in said court. (20 U. S. Stats. 318, as amended 23 U. S. Stats. 35.) Nothing contained in this act shall be construed to affect in any manner any action or proceeding now pending in the circuit or district court for the western district of Arkansas, nor the execution of any process relating thereto; nor shall anything in this act be construed to give to said district courts of Kansas and Texas, respectively, any greater jurisdiction in that part of said Indian Territory so as aforesaid annexed, respectively, to said district of Kansas and said northern district of Texas, than might heretofore have been lawfully exercised therein by the western district of Arkansas; nor