All cases pending in the district courts, at Mobile and Cahawba, to be adjourned, &c. to the times appointed by this act, &c.said district courts at Mobile and Cahawba shall be adjourned and continued from the times heretofore prescribed by law for holding said courts respectively, to the times appointed by this act: and all recognisances and process of every description, made returnable to the former terms of holding said courts, respectively, shall be returned to the terms herein established, and be as valid as if the time of holding the same had not been changed.
All cases pending in said courts, in which the defendant or defendants resided in the northern district at the time of serving the process, to be transferred to the court for the northern district, &c.Sec. 5. And be it further enacted, That all causes at law or in chancery, pending in the said district courts at Mobile and Cahawba, in which the defendant or defendants resided in the northern district, at the time of serving the process, shall be transferred to the district court for the said northern district, established by this act, and be proceeded in, adjudged, and determined, in the same manner as if originally commenced in said court; and it shall be the duty of the clerks of the said district courts at Mobile and Cahawba, to transmit by some safe conveyance, to the clerk of the district court for the northern district, the original papers in all such causes, together with a transcript of all proceedings had therein.
All suits hereafter to be brought, not of a local nature, to be brought only in the district where the defendant shall reside, &c.Sec. 6. And be it further enacted, That all suits hereafter to be brought, in either of the courts aforesaid, not of a local nature, shall be brought only in the district where the defendant shall reside; but if there be more than one defendant, and some of them reside in the northern, and some in the southern district, the plaintiff may sue in either, and send a duplicate writ to the other, on which he shall endorse that it is part of a suit brought in the district from which it is sent; and the said writs, when executed and returned, shall constitute one suit, and be proceeded in accordingly.
A clerk of the district court for the northern district to be appointed.Sec. 7. And be it further enacted, That the judge of said courts shall appoint a clerk of the district court of the northern district, who shall reside and keep his office, and the records and documents appertaining thereto, at the place of holding said court: be entitled to the same fees allowed by law to the clerks of the southern district, and be subject to the same liabilities and penalties.
The district attorney for the district of Alabama to be attorney for the southern, and one to be appointed for the northern district.Sec. 8. And be it further enacted, That the district attorney heretofore appointed for the district of Alabama, shall be the district attorney for the southern district of Alabama; and there shall be a district attorney appointed for the northern district of Alabama, who shall hold his appointment for the same term, be subject to the same duties, and receive the same salary, fees, and emoluments allowed to the district attorney of the southern district of Alabama.
Adjournment in case of the non-attendance of the judge.Sec. 9. And be it further enacted, That, should the judge fail to attend at the time and place of holding any of the courts herein mentioned, before the close of the third day of the term, the business thereof shall stand adjourned to the next term.
Approved, March 10, 1824.
Statute Ⅰ.
Chap. XXIX.—An Act to define the boundary line between the Edwardsville and Springfield land districts, in the state of Illinois.
The country lying between the Illinois and Mississippi rivers, &c. to be attached to, &c. the land district of Edwardsville, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that tract of country lying between the Illinois and Mississippi rivers, and south of the base line of the military surveys, be, and the same is hereby, attached to, and made a part of, the land district, the office of which is located at Edwardsville; and all that tract of country lying between the said rivers, and north of the said base line, be, and the same is hereby, attached to, and made a part of, the land district, the office of which is established at Springfield, in the county of Sangamo.
Approved, March 16, 1824.
