matters for determination by rule of court or for the action of the judicial council in cooperation with the Administrative Office of the United States Courts. The provisions for trial of cases at Lewisburg and Erie unless counsel consent to trial elsewhere were omitted as inconsistent with the uniform practice provided by this title. Changes were made in phraseology and arrangement. SENATE REVISION AMENDMENT By Senate amendment to the bill, Blair County was transferred from the Middle District to the Western District of Pennsylvania. This was in conformity with Act July 11, 1947, ch. 224, 61 Stat. 310, which so amended section 184 of title 28, U.S.C., 1940 ed., the source of this section. See 80th Congress Senate Report No. 1559. AMENDMENTS 1978 Subsec. (c). Pub. L. 95-573 provided for the holding of a term of court at Johnstown in the Western District of Pennsylvania. 1970-Subsec. (a). Pub. L. 91-272 added Allentown and Reading to the enumeration of cities in which court for the Eastern District may be held. § 119. Puerto Rico Puerto Rico constitutes one judicial district. Court shall be held at Mayaguez, Ponce, and San Juan. (June 25, 1948, ch. 646, 62 Stat. 889.) HISTORICAL AND REVISION NOTES Based on sections 863 and 864 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 12, 1900, ch. 191, §§ 34, 35, 31 Stat. 84, 85; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 2, 1917, ch. 145, §§ 41, 42, 39 Stat. 965, 966; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; Feb. 13, 1925, ch. 229, §§ 1, 13, 43 Stat. 936, 942; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; Mar. 26, 1938, ch. 51, § 2, 52 Stat. 118). Section consolidates parts of sections 863 and 864 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation. The provision of sections 863 of title 48, U.S.C., 1940 ed., for appointment of a district judge is incorporated in section 133 of this title; for tenure, in section 134 of this title, and for salary was omitted as covered by section 135 of this title. The provisions of section 863 of title 48, U.S.C., 1940 ed., for appointment and tenure of United States attorneys and marshals are incorporated in sections 501, 504, and 541 of this title. The provisions of section 863 of title 48, U.S.C., 1940 ed., for appointment of United States Commissioners and other court officers are incorporated in sections 631 and 751 of this title. The provision of section 864 of title 48, U.S.C., 1940 ed., as to the holding of regular and special terms of court was omitted as covered by sections 138 and 141 of this title. The provision of section 864 of title 48, U.S.C., 1940 ed., that the district court shall be attached to the first circuit is incorporated in section 41 of this title. The provision of section 864 of title 48, U.S.C., 1940 ed., for appeals to the circuit court of appeals is incorporated in section 1295 of this title. Other provisions of sections 863 and 864 of title 48, U.S.C., 1940 ed., are retained in title 48. § 120. Rhode Island Rhode Island constitutes one judicial district. Court shall be held at Providence. (June 25, 1948, ch. 646, 62 Stat. 889.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 185 (Mar. 3, 1911, ch. 231, § 104, 36 Stat. 1123; Feb. 1, 1912, ch. 27, 37 Stat. 59). Changes in phraseology were made. § 121. South Carolina South Carolina constitutes one judicial district comprising ten divisions. (1) The Charleston Division comprises the counties of Beaufort, Berkeley, Charleston, Clarendon, Colleton, Dorchester, Georgetown, and Jasper. Court for the Charleston Division shall be held at Charleston. (2) The Columbia Division comprises the counties of Kershaw, Lee, Lexington, Richland, and Sumter. Court for the Columbia Division shall be held at Columbia. (3) The Florence Division comprises the counties of Chesterfield, Darlington, Dillon, Florence, Horry, Marion, Marlboro, and Williamsburg. Court for the Florence Division shall be held at Florence. (4) The Aiken Division comprises the counties of Aiken, Allendale, Barnwell, and Hampton. Court for the Aiken Division shall be held at Aiken. (5) The Orangeburg Division comprises the counties of Bamberg, Calhoun, and Orangeburg. Court for the Orangeburg Division shall be held at Orangeburg. (6) The Greenville Division comprises the counties of Greenville and Laurens. Court for the Greenville Division shall be held at Greenville. (7) The Rock Hill Division comprises the counties of Chester, Fairfield, Lancaster, and York. Court for the Rock Hill Division shall be held at Rock Hill. (8) The Greenwood Division comprises the counties of Abbeville, Edgefield, Greenwood, McCormick, Newberry, and Saluda. Court for the Greenwood Division shall be held at Greenwood. (9) The Anderson Division comprises the counties of Anderson, Oconee, and Pickens. Court for the Anderson Division shall be held at Anderson. (10) The Spartanburg Division comprises the counties of Cherokee, Spartanburg, and Union. Court for the Spartanburg Division shall be held at Spartanburg. (June 25, 1948, ch. 646, 62 Stat. 889; Oct. 7, 1965, Pub. L. 89-242, § 1(a), 79 Stat. 951.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 186 (Mar. 3, 1911, ch. 231, § 105, 36 Stat. 1123; Feb. 5, 1912, ch. 28, 37 Stat. 60; Mar. 3, 1915, ch. 100, § 5, 38 Stat. 961; Sept. 1, 1916, ch. 434, 39 Stat. 721; Mar. 4, 1923, ch. 261, 42 Stat. 1486; Jan. 30, 1925, ch. 118, 43 Stat. 800; June 26, 1926, ch. 696, §§ 1-3, 44 Stat. 773; June 20, 1936, ch. 637, §§ 1-3, 49 Stat. 1558, 1559; June 12, 1940, ch. 335, 54 Stat. 344; June 28, 1943, ch. 173, title II, § 204, 57 Stat. 244; Dec. 13, 1944, ch. 556, 58 Stat. 801). The last sentence of section 186 of title 28, U.S.C., 1940 ed., relating to trial of criminal cases in the division in which the offense was committed, was omitted as fully covered by Rules 18-22 of the Federal Rules of Criminal Procedure. A provision relating to the places of the clerks' offices was omitted as covered by section 751 of this title. The provision respecting court accommodations at Orangeburg was omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1965-Pub. L. 89-242 consolidated into a single district the 10 divisions of the state which had formerly been divided into an Eastern and a Western District. EFFECTIVE Date of 1965 AMENDMENT Section 6 of Pub. L. 89-242 provided that: "The provisions of this Act [amending sections 121 and 133 of this title and enacting provisions set out as notes under this section] shall become effective on the first day of the month following the date of enactment of this Act [Oct. 7, 1965]." CONSOLIDAtion of South CAROLINA INTO A SINGLE JUDICIAL DISTRICT Sections 2 to 5 of Pub. L. 89-242 provided for the consolidation, in compliance with section 132 of this title, of the Eastern and Western Districts of South Carolina into a single district with continuing jurisdiction over civil cases and criminal acts pending or committed prior to Nov. 1, 1965, and appropriate provisions for the appointment or transfer of United States attorneys, marshalls, and other court personnel, then serving, from the two districts to the consolidated district. § 122. South Dakota South Dakota constitutes one judicial district comprising four divisions. (1) The Northern Division comprises the Court for the Northern Division shall be (3) The central division comprises the coun- Court for the Central Division shall be held at Pierre. (4) The Western Division comprises the counties of Bennett, Butte, Custer, Fall River, Harding, Lawrence, Meade, Pen HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 187 (Mar. 3, 1911, ch. 231, § 106, 36 Stat. 1123; June 11, 1932, ch. 242, 47 Stat. 300). A provision relating to maintenance of offices by the clerk was omitted as covered by sections 452 and 751 of this title. Provisions that the Northern Division included Lake Traverse Indian Reservation and that part of Standing Rock Indian Reservation lying in South Dakota; that the Southern Division included the Yorkton Indian Reservation; that the Central Division included the Cheyenne River, Lower Brule, and Crow Creek Indian Reservations; and that the Western Division included Rosebud and Pine Ridge Indian Reservations, were all omitted as surplusage. (See Reviser's Note under section 114 of this title.) Changes in arrangement and phraseology were made. AMENDMENTS 1972-Par. (2). Pub. L. 92-376, § 1(a), removed Gregory County from the Southern Division. Par. (3). Pub. L. 92-376, § 1(b), added Gregory, Mellette, Todd and Tripp counties to the Central Division and removed Armstrong county from the Central Division. Par. (4). Pub. L. 92-376, § 1(c), removed Mellette, Todd and Tripp counties from the Western Division. 1966-Pub. L. 89-638 authorized the Court for the Western Division to sit at Rapid City. § 123. Tennessee Tennessee is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Tennessee. Eastern District (a) The Eastern District comprises four divisions. (1) The Northern Division comprises the counties of Anderson, Blount, Campbell, Claiborne, Grainger, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Scott, Sevier, and Union. Court for the Northern Division shall be (2) The Northeastern Division comprises (3) The Southern Division comprises the Court for the Southern Division shall be held at Chattanooga. (4) The Winchester Division comprises the counties of Bedford, Coffee, Franklin, Grundy, Lincoln, Moore, Van Buren, and Warren. + 4 Court for the Winchester Division shall be held at Winchester. Middle District (b) The Middle District comprises three divisions. (1) The Nashville Division comprises the counties of Cannon, Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson, and Wilson. Court for the Nashville Division shall be held at Nashville. (2) The Northeastern Division comprises the counties of Clay, Cumberland, De Kalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith, and White. Court for the Northeastern Division shall be held at Cookeville. (3) The Columbia Division comprises the counties of Giles, Hickman, Lawrence, Lewis, Marshall, Maury, and Wayne. Court for the Columbia Division shall be held at Columbia. Western District (c) The Western District comprises two divisions. (1) The Eastern Division comprises the counties of Benton, Carroll, Chester, Crockett, Decatur, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, McNairy, Madison, Obion, Perry, and Weakley. The Eastern Division also includes the waters of Tennessee River to low-water mark on the eastern shore wherever such river forms the boundary between the western and middle districts from the north line of Alabama north to the point in Henry County, Tennessee, where the south boundary of Kentucky strikes the east bank of the river. Court for the Eastern Division shall be held at Jackson. (2) The Western Division comprises the counties of Dyer, Fayette, Lauderdale, Shelby, and Tipton. Court for the Western Division shall be held at Memphis and Dyersburg. The district judge for the Eastern District in office on November 27, 1940, shall hold court in the Northern and Northeastern Divisions. The other judge of that district shall hold the terms of court in the Southern and Winchester Divisions. Each may appoint and remove all officers and employees of the court whose official headquarters are located in the divisions within which he holds court and whose appointments are vested by law in a district judge or chief judge of a district. (June 25, 1948, ch. 646, 62 Stat. 890; May 19, 1961, Pub. L. 87-36, § 3(e), 75 Stat. 83; July 11, 1961, Pub. L. 87-86, 75 Stat. 203; June 2, 1970, Pub. L. 91-272, § 12, 84 Stat. 298.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 188 (Mar. 3, 1911, ch. 231, § 107, 36 Stat. 1124; Aug. 20, 1912, ch. 306, 37 Stat. 314; June 22, 1916, ch. 161, 39 Stat. 232; Mar. 4, 1923, ch. 289, 42 Stat. 1520; May 17, 1926, ch. 310, 44 Stat. 561; Mar. 1, 1927, ch. 244, 44 Stat. 1262; May 13, 1932, ch. 179, 47 Stat. 153; June 16, 1933, ch. 94, 48 Stat. 253; July 30, 1937, ch. 539, 50 Stat. 546; June 12, 1940, ch. 341, 54 Stat. 348; Nov. 27, 1940, ch. 920, § 1, 54 Stat. 1216; Dec. 3, 1943, ch. 332, 57 Stat. 595). Words "The said judge shall possess the same powers, perform the same duties, and receive the same compensation as other district judges," and words, "The President is authorized to appoint, by and with the consent of the Senate, a successor or successors to said judge as vacancies may occur. Nothing herein contained shall be construed to prevent said judge or his successors from becoming the senior district judge by succession, or from exercising the powers and rights of senior district judge of said district. The judge designated herein to hold regular and special terms of court at Winchester and Chattanooga shall make all necessary orders for the disposition of business and assignment of cases for trial in said divisions," were deleted as superfluous, in view of sections 132 and 141 of this title. Words "The district attorneys and marshals for the eastern, middle, and western districts of Tennessee in office immediately prior to November 27, 1940, shall be during the remainder of their present terms of office the district attorneys and marshals for such districts as constituted by this section. The district judge for the middle district of Tennessee shall be the district judge for the middle district of Tennessee as constituted by this section and shall hold regular and special terms of court at Nashville, Columbia, and Cookeville. The district judge for the western district of Tennessee shall hold regular and special terms of court at Memphis and Jackson," at the end of the section, were deleted as temporary, and as superfluous, in view of the remainder of the section, prescribing the places for holding terms of court. A provision for furnishing rooms and accommodations by the local authorities for holding court at Columbia "but only until such time as such accommodations shall be provided upon the recommendation of the Director of the Administrative Office of the United States Courts in a public building or other quarters provided by the Federal Government for such purpose," was omitted on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available. An identical provision with reference to Winchester is retained in part, but the words quoted above were omitted as unnecessary since, when such buildings become available, the Director will, under section 604 of this title, provide court accommodations therein. The last paragraph of the revised section consolidates the provisions of paragraphs (e) and (f) of section 188 of title 28, U.S.C., 1940 ed., relating to the terms of court to be held in the two divisions of the eastern district by the two judges, and their respective powers of appointment of court officers and employ ees. Provisions relating to appointment and residence of deputy marshals and maintenance of clerk's office, were omitted as covered by sections 542 and 751 of this title. The clerk of court in a letter dated February 7, 1945, calls attention to a rule of court providing for hearing of all bankruptcy matters arising in Haywood County at Jackson in the eastern division of the western district. The provision respecting court accommodations at Winchester was omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1970-Subsec. (c)(1). Pub. L. 91-272, § 12(a), added Haywood County to the enumeration of counties comprising the Eastern Division of the Western District. Subsec. (c)(2). Pub. L. 91-272, § 12(b), struck out Haywood County from the enumeration of counties comprising the Western Division of the Western District. 1961-Subsec. (c)(2). Pub. L. 87-36, as amended by Pub. L. 87-86, provided for the holding of a term of court at Dyersburg. § 124. Texas Texas is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of Texas. Northern District (a) The Northern District comprises seven divisions. (1) The Dallas Division comprises the coun- (2) The Fort Worth Division comprises the Court for the Fort Worth Division shall be held at Fort Worth. (3) The Abilene Division comprises the counties of Callahan, Eastland, Fisher, Haskell, Howard, Jones, Mitchell, Stephens, Shackleford, Nolan, Stonewall, Taylor, and Throckmorton. Court for the Abilene Division shall be held at Abilene. (4) The San Angelo Division comprises the counties of Brown, Coke, Coleman, Concho, Crockett, Glasscock, Irion, Menard, Mills, Reagan, Runnels, Schleicher, Sterling, Sutton, and Tom Green. Court for the San Angelo Division shall be held at San Angelo. (5) The Amarillo Division comprises the counties of Armstrong, Brisco, Carson, Castro, Childress, Collingsworth, Dallam, Deaf Smith, Donley, Gray, er. Court for the Amarillo Division shall be held at Amarillo. (6) The Wichita Falls Division comprises the counties of Archer, Baylor, Clay, Cottle, Foard, Hardeman, King, Knox, Montague, Wichita, Wilbarger, and Young. Court for the Wichita Falls Division shall be held at Wichita Falls. (7) The Lubbock Division comprises the counties of Bailey, Borden, Cochran, Crosby, Dawson, Dickens, Floyd, Gaines, Garza, Hale, Hockley, Kent, Lamb, Lubbock, Lynn, Motley, Scurry, Terry, and Yoakum. Court for the Lubbock Division shall be held at Lubbock. Southern District (b) The Southern District comprises six divisions. (1) The Galveston Division comprises the counties of Brazoria, Chambers, Galveston, and Matagorda. Court for the Galveston Division shall be held at Galveston. (2) The Houston Division comprises the counties of Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, and Wharton. Court for the Houston Division shall be held at Houston. (3) The Laredo Division comprises the counties of Jim Hogg, La Salle, McMullen, Webb, and Zapata. Court for the Laredo Division shall be held at Laredo. (4) The Brownsville Division comprises the counties of Cameron, Hidalgo, Starr, and Willacy. Court for the Brownsville Division shall be held at Brownsville. (5) The Victoria Division comprises the (6) The Corpus Christi Division comprises Eastern District (c) The Eastern District comprises seven divisions. (1) The Tyler Division comprises the coun- Court for Tyler Division will be held at (2) The Beaumont Division comprises the (3) The Sherman Division comprises the Court for the Sherman Division shall be held at Sherman. (4) The Paris Division comprises the coun- Court for the Paris Division shall be held at (5) The Marshall Division comprises the (6) The Texarkana Division comprises the Court for the Texarkana Division shall be held at Texarkana. (7) The Lufkin Division comprises the counties of Angelina, Houston, Nacogdoches, Polk, Sabine, San Augustine, Shelby, Trinity, and Tyler. Court for the Lufkin Division shall be held at Lufkin. Western District (d) The Western District comprises seven divisions. (1) The Austin Division comprises the counties of Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Travis, Washington, and Williamson. Court for the Austin Division shall be held at Austin. (2) The Waco Division comprises the counties of Bell, Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan, Milam, Robertson, and Somervell. Court for the Waco Division shall be held at Waco. (3) The El Paso Division comprises the county of El Paso. Court for the El Paso Division shall be held at El Paso. (4) The San Antonio Division comprises the counties of Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, and Wilson. Court for the San Antonio Division shall be held at San Antonio. (5) The Del Rio Division comprises the (6) The Pecos Division comprises the coun- Court for the Pecos Division shall be held (7) The Midland-Odessa, Division comprises be held at Midland. Court may be held, (June 25, 1948, ch. 646, 62 Stat. 891; Feb. 10, 1954, ch. 6, § 2(b)(9)(a), (b), 68 Stat. 11; Sept. 4, 1957, Pub. L. 85–298, §§ 1, 2, 71 Stat. 618; Oct. 4, 1961, Pub. L. 87-352, 75 Stat. 772; Mar. 11, 1964, Pub. L. 88-282, 78 Stat. 163; Aug. 30, 1964, Pub. L. 88-512, 78 Stat. 695; Dec. 18, 1967, Pub. L. 90-216, 81 Stat. 661; Oct. 15, 1980, Pub. L. 96-462, § 6, 94 Stat. 2054.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 189 (Mar. 3, 1911, ch. 231, § 108, 36 Stat. 1125; May 29, 1912, ch. 144, 37 Stat. 120; Feb. 5, 1913, ch. 28, §§ 1, 2, 37 Stat. 663; Feb. 26, 1917, ch. 122, 39 Stat. 939; Mar. 1, 1919, ch. 87, 40 Stat. 1270; Mar. 2, 1923, ch. 172, §§ 1, 2, 42 Stat. 1373; Apr. 3, 1924, ch. 82, 43 Stat. 64; May 29, 1924, ch. 211, §§ 1, 2, 43 Stat. 244; May 26, 1928, ch. 752, § 1, 45 Stat. 747; June 6, 1930, ch. 408, 46 Stat. 521; June 24, 1930, ch. 596, 46 Stat. 807; Feb. 20, 1932, ch. 51, 47 Stat. 52; July 25, 1939, ch. 356, § 1, 53 Stat. 1082; June 6, 1940, ch. 252, 54 Stat. 241.) Words "and all prosecutions against persons for offenses committed in the county of Reagan shall be tried in the court at San Angelo: Provided, That no civil or criminal cause begun and pending prior to May 29, 1924, shall be in any way affected," words "and all prosecutions against persons for offenses committed in the county of Pecos shall be tried in the district court at El Paso, or Pecos City: Provided, That no civil or criminal cause begun and pending prior to March 2, 1923, shall be in any way affected," and words "Provided, That no civil or criminal cause commenced prior to June 24, 1930, shall be in any way affected," were all deleted as superseded by Federal Rules of Criminal Procedure, Rules 18-22, and as obsolete, in view of the lapse of time after the dates included in such provisions. Provisions for furnishing rooms and accommodations at Pecos and Wichita Falls were omitted as obsolete, on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places. Provisions relating to the maintenance of offices at various cities by the clerks were omitted as covered by sections 452 and 751 of this title. Provisions that process against residents of Pecos County shall issue from and be returnable to the court at Pecos City and against residents of Reagan County at San Angelo, were omitted since such matter can be regulated more appropriately by court rule or order. (See Rule 4 of Federal Rules of Civil Procedure.) The provisions requiring notice to be given for time of holding court in Pecos division and at Corpus Christi, were omitted as covered by section 141 of this title. Five counties included in this section were created since the enactment of section 189 of title 28. These were Kleberg County and Kenedy County of the Corpus Christi division of the southern district, Culberson County and Hudspeth County of the El Paso division of the western district, and Real County of the San Antonio division of the western district. Pecos County is included in the Pecos division and omitted from the El Paso division of the western district to conform to the practice of the court. Changes in arrangement and phraseology were made. AMENDMENTS 1980-Subsec. (b)(2). Pub. L. 96-462, § 6(a), struck out references to Polk and Trinity counties in the list of counties comprising the Houston Division of the Southern District. Subsec. (c). Pub. L. 96-462, § 6(b), in the provisions preceding par. (1) substituted "seven" for "six"; in par. (1) struck out references to Angelina, Houston, Nacogdoches, and Shelby counties in the list of counties comprising the Tyler Division of the Eastern District; in par. (2) struck out references to Sabine, San Augustine, and Tyler counties in the list of counties comprising the Beaumont Division of the Eastern District; and added par. (7). 1967-Subsec. (d). Pub. L. 90-216, § 1(4), enlarged from six to seven the number of divisions comprising the Western District. Subsec. (d)(3). Pub. L. 90-216, § 1(1), transferred the counties of Brewster, Culberson, Hudspeth, and Presidio from the El Paso Division to the Pecos Division. Subsec. (d)(6). Pub. L. 90-216, § 1(2), added the counties of Brewster, Culberson, Hudspeth and Presidio to the Pecos Division from the El Paso Division, and transferred the counties of Andrews, Crane, Ector, |