Page:United States Statutes at Large Volume 25.djvu/716

FIFTIETH CONGRESS. Sess. II. Ch. 168. 1889. 67] _ 168-An act to create the northeastern division of the Southern lilederal F¢b¤'¤¤·PY 15·1889· judicial district of Georgia, and to take certain counties from the northern district W and add to the Southern district, and to provide for holding comts in said northeastern division, and for other purposes. Be it enacferl by the Senate and House 0{ Representatives of the U ruled {States of America in Congress assem led, That the northeast- @6%*- . . . ern division o the southern judicial district of Georgia is hereby olfmsouethetsnrngiidnglcitxll established, to be comlposed of the counties of W&H'0D, Glascock, ‘“‘(jjgtj?§§‘b““'*“d· McDuiHe, Columbia, ichmond, Burke, J eiferson, Johnson, and R. s., seé. ses, p. so, Washington of the southern district, and of the counties of Lincoln, *""°”d°°‘ Wilkes, and Taliaferro of the northern district, which are hereby attached to the southern district and made part of the northeastern division of said southern district. Sec. 2. That there shall be held at the cit of Augusta, in said Terms of court me northeastern division of the southern judicial, district of —Georgia, A`i€°§ff°5,,cS_ 5mm, · two terms. of the district and circuit courts in each and every ear, PP-°°· m- to wit, one term commencing on the first Monday in April and, the other commencing the third Monday in November of each year, and it shall bethe duty! of the clerk, marshal, and other officers of the southern judicial 'strict to attend said terms of said court and perform all the duties pertaining to their positions, and no additional clerk or marshal shall be appointed in said district. `If in the opinion of gig. court it shall become necessary, a deputy clerk may be appom Sec. 3. That all civil suits not of a local nature must be brought Jurisdiction in cm: in said northeastern division where the defendant resides in said °°°°°‘ northeastern division of the Southern Federal judicial district of Georgia. But if there are two or more defendants, some residing in the northeastern division and others residing in any other portion of said southern district of Georgia, the action may be brought in any one of the divisions in which any one of the defendants resides. _ When the defendant is a non-resident of either division action may _ — if plaintiff is a citizen of the district be brought in that division wherein the defendant may be found. Cases removed from any of nemovu from scm the courts of the State of Georgia to the circuit courts of the United °°“"S States shall be removed to the circuit court in the division in which said court is held. Sec. 4. That all prosecutions for crimes or offenses committed Prosecutions for after the date at which this act takes effect in any of the counties of °'"“"“‘ the said northeastern division shall be cognizable within such division, and all prosecutions for crimes or offenses committed prior to the date when this act takes effect within any of said counties. taken as aforesaid 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. Sec. 5. That civil actions or proceedings now pending at Atlanta, Transferee uendinz in the northern district, in which parties residing in the counties by °““””‘ this act transferred to the southern district are interested, may be transferred, by the consent of all the parties, to the proper courts m the northeastern division of the southern district as erein piovided; and all civil actions or proceedings now plending either at acon or - Savannah, in said southern district, in w ich the parties residing in the counties by this act assigned to said northeastern division are interested, may be transferred, by the consent of all parties, to the proper court in said northeastern c ivision; and in case of such trans- R¤¢>¢>r¤s. ctc. er all papers and files therein,with copies of all journal entries, shall be transferred to the clerk’s office of the court to which they are transferred, and the same shall be proceeded with in all respects as though the case were originall brought therein; but without such consent such actions or proceedings shall be continued and carried on as 1f this act had not been passed.