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Volume 28 · 6

Public Law 53–10

To provide for the time and place of holding the terms of the United States circuit and district courts in the State of South Dakota.

Approved November 3, 1893

Statutory text

An Act

To provide for the time and place of holding the terms of the United States circuit and district courts in the State of South Dakota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the State of South Dakota shall constitute one judicial district.

Sec. 2.

That for the purpose of holding terms of the district court

Divisions for district court.

said district shall be divided into four divisions, to be known as the southern, northern, central, and western divisions. The counties of

Southern division.

Clay, Union, Yankton, Turner, Lincoln, Bonhomme, Charles Mix, Douglas, Hutchinson, Brule, Aurora, Davison, Hanson, McCook, Minnehaha, Moody, Lake, Sanborn, Lyman, Miner, Gregory, Todd, Beadle and Kingsbury, Crow Creek and Lower Brule, and the Yankton Indian Reservation shall constitute the southern division, the court for which

Court at Sioux Falls.

Northern division.

shall be held at the city of Sioux Falls. The counties of Brookings, Hamlin, Deuel, Grant, Roberts, Codington, Clark, Day, Marshall, Spink, Brown, McPherson, Edmunds, Campbell, Walworth, and the Sisseton and Wahpton Reservation shall constitute the northern division, the court for which shall be held at the city of Aberdeen. The counties of

Court at Aberdeen.

Central division.

Potter, Sully, Faulk, Hand, Hyde, Hughes, Buffalo, Jerauld, Stanley, Nowlin, and that portion of the counties of Pratt, Jackson, and Sterling not included in any Indian Reservation, and the Standing Rock, and Cheyenne Indian Reservations shall constitute the central division, the court for which shall be held at the city of Pierre. All that portion of the

Court at Pierre.

Western division.

State of South Dakota lying west of the central and southern divisions, and in addition thereto the Rosebud and Red Cloud Indian reservations, shall constitute the western division, the court for which shall be held

Court at Deadwood

at the city of Deadwood.

Sec. 3.

That hereafter the terms of the circuit and district courts of

Terms.

the United States in and for the State of South Dakota shall be as follows: At Sioux Falls on the first Tuesday

Sioux Falls.

Pierre.

Deadwood.

Aberdeen.

in April and the third Tues day in October; at Pierre on the first Tuesday in March and October; at Deadwood on the first Tuesday in February and September, and at Aberdeen the first Tuesday of May and the third Tuesday of November.

FIFTY-THIRD CONGRESS. Sess. I. Chs. 10–12. 1893.

Sec. 4.

That the provisions of statute now existing for the holding

Repeal of existing laws.

Vol. 26, p. 14.

Transferor pending causes.

of said courts on any day contrary to the provisions of this act are hereby repealed, and all suits, prosecutions, process, recognizances, bail bonds, and other things pending in or returnable to said court on the days now fixed by law are hereby transferred to and shall be made returnable to and have force in the said respective terms in this act provided in the same manner and with the same effect as they would have had had said existing statute not have been passed.

Sec. 5.

That all civil suits not of a local nature must be brought in

Jurisdiction.

the division of the district where the defendant or defendants reside; but if there are two or more defendants residing in different divisions the action may be brought in either of the divisions in which a defendant resides.

Sec. 6.

That cases taken on appeal or writ of error from the district

Appeals.

court shall be returnable to the circuit court held in that judicial subdivision from which the appeal was taken. When the circuit court and district court are held, as provided in this act, at the same time and

Juries.

place, one grand and petit jury only shall be summoned and serve in both said courts, and all grand and petit juries for the circuit and district courts shall be drawn by the clerk of the circuit court and all grand and petit jurors summoned for service in each division shall be residents of such division.

Sec. 7.

That all acts and parts of acts in conflict with this act are

Repeal.

hereby repealed.

Approved, November 3, 1893.

Parsed from the official Statutes at Large USLM XML in 28.xml