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Bastrop, Caldwell, Hays, Travis, Blanco, Gillespie, Burnett, Llano, Mason, Kimball, Menard, Concho, McCulloch, San Saba and Lampasas shall be returned to Austin. (20 U. S. Stats. 318, as amended 23 U. S. Stats. 35.) All process issued after this act shall take effect against defendants residing in the counties of El Paso, Pecos, Presidio, Tom Green, Crockett, Andrews, Gaines, Yoakum, Cockran, Bailey, Parmer, Castro, Lamb, Hockley, Terry, Dawson, Martin, Swisher, Hale, Lubbock, Lynn, Floyd, Crosby, Garza, Borden, Howard, Scurry, and Mitchell shall be returned to the city of El Paso. (20 U. S. Stats. 218, as amended 23 U. S. Stats. 35.) All civil process issued against persons resident in said counties of Lamar, Fannin, Red River and Delta, cognizable before the United States courts, shall be made returnable to the courts, respectively, to be held at the city of Paris. (25 U. S. Stats. 786.)

WASHINGTON.--All mesne and final process subject to the provisions of this act, issued in either of said divisions, may be served and executed in either or all of said divisions. (26 U. S. Stats. 45.)

§ 33. Offenses, where cognizable.ALABAMA. All offenses hereafter committed in either of said divisions shall be cognizable and indictable within the division where committed. (Approved May 2, 1884; 23 U. S. Stats. 18.)

ARKANSAS.-All crimes and offenses heretofore committed within said western district shall be prosecuted, tried and determined in the same manner and with the same effect as if this act had not been passed. (21 U. S. Stats. 83.)

CALIFORNIA.-All offenses heretofore committed in the district of California shall be prosecuted, tried, and determined in the same manner and with the same effect, to all intents and purposes, as if this act had not been passed. (Approved Aug. 5, 1886; 24 U. S. Stats. 309.)

GEORGIA.-All prosecutions for crimes or offenses committed after the date this act takes effect, in any of the counties of the northeastern division, shall be cognizable within this division; and all prosecutions for crimes or offenses committed prior to that date within any of said counties taken from the northern district or committed in the southern district, as heretofore constituted, shall be commenced and proceeded with as if this act had not been passed. (21 U. S. Stats. 63; 25 U. S. Stats. 671.)

Iowa. All prosecutions for crimes or offenses hereafter committed in either of said districts shall be cognizable within such district; and all prosecutions for crimes or offenses heretofore committed in the district of Iowa shall be commenced and proceeded with as if this act had not been passed. (22 U. S. Stats. 172, sec. 744.)

ILLINOIS. All crimes and offenses heretofore committed within the said district shall be prosecuted, tried, and determined in the same manner and with the same effect as if this act had not been passed. (24 U. S. Stats. 443.)

LOUISIANA. All prosecutions for crimes or offenses hereafter committed in either of the divisions [of the western district of Louisiana] shall be cognizable within such division; provided, that all crimes and offenses heretofore committed within

the divisions 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. (25 U. S. Stats. 388.)

MICHIGAN. Any person charged with violating any of the penal or criminal statutes of the United States, of which the said circuit or district courts have jurisdiction, shall be proceeded against by indictment or otherwise, within the division of said district where the alleged offense or offenses shall be committed, and shall have his or her trial at a term of the said court held in said division, unless for cause shown the judge shall otherwise direct. (20 U. S. Stats. 175.) The circuit and district courts for the eastern district of Michigan shall continue to have the same jurisdiction in reference to all crimes and offenses committed prior to the passage of this act in any portion of the State of Michigan by this act detached from said eastern district and attached to said western district. (20 U. S. Stats. 175.)

MISSISSIPPI. All prosecutions for crimes and offenses heretofore committed shall be commenced and prosecuted as if this act had not passed. (22 U. S. Stats. 101.) Rule applies to western division. (24 U. S. Stats. 127.) 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. (At Vicksburg, 24 U. S. Stats. 430; at Mississippi City, 25 U. S. Stats. 78.)

MISSOURI. 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. (20 U. S. Stats. 263; 24 U. S. Stats. 424, sec. 6.)

The same rule approved as to the divisions of the districts. (Id.) Likewise as to Audrian county. (25 U. S. Stats. 153.

§ 34. Offenses, where tried.-OHIO.-All offenses committed in either of the subdivisions shall be cognizable and indictable within said division. (20 U. S. Stats. 101.) All prosecutions for crimes or offenses hereafter committed in either of the subdivisions shall be cognizable within such division; and all prosecutions for crimes or offenses heretofore committed within either of said counties taken as aforesaid from the northern district, or committed in the southern district as hitherto constituted, shall be commenced and proceeded with as if this act had not been passed. (21 U. S. Stats. 63.) 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 court for the said northern district until final disposition of the same. (26 U. S. Stats. 799.)

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TENNESSEE. PROSECUTION FOR CRIMES. - All prosecutions for crimes and offenses hereafter committed in either of the subdivisions shall be cognizable within such division; and all prosecutions for crimes or offenses heretofore committed wtihin said county taken as aforesaid from the middle district, or committed in the eastern district as hitherto constituted, shall be commenced and proceeded with as if this act had not been passed. (21

U. S. Stats. 175.) All prosecutions for crimes and offenses heretofore committed in [Grundy and Fentress] counties, shall be commenced and proceeded with as if this act had not been passed. (23 U. S. Stats. 280.)

TEXAS.-And all prosecutions for offenses committed in [Lamar, Fannin, Red River, and Delta] counties, shall be tried in the divisions of said eastern district of which said counties form a part; provided, that no process issued or prosecution commenced, or suit instituted before the passage of this act shall be in any way affected by the provisions thereof. (25 U. S. Stats. 786.) And all prosecutions for offenses committed in either of said last mentioned counties shall be tried in the division of said eastern district of which said counties form a part; provided, that no process issued or prosecution commenced or suit instituted before the of this act shall be in any way passage affected by the provisions thereof. (25 U. S. Stats. 786.) All offenses committed in [Grayson] 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 said northern district until final disposition of the same. (26 U. S. Stats. 687.)

§ 35 (729). Offenses punishable with death, where tried.—The trial of offenses punishable with death shall be had in the county where the offense was committed, where that can be done without great inconvenience. (Rev. Stats. 729.)

If a party goes to trial without asking for a trial within the county where the offense was committed, he waives all

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