The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1839-03-13
TBV AUTHORITY
LAWS OF T-H UNITED STATES PASSED AT THE
THIRD SESSION OF THE TwENrr-FIFTB
CONGRESS.
tPuDLIc-No. 81

fPuBLrc-No. S.
AN ACT TO reorganize the district courts Of the
United States in the State Of Alabama.
Rail asnaeted bp Me Senate and House Of Reprcsen-
fafres of the United States Of america IN Congress as
,,mbled. That the State of Alabama shall be, and
The same is hereby divided into three Districts in
manner following, 10 wit The counties Of Walk
err Pickens, Sumpter, Marengo, Green, Perry,
Blbb Autauga, Coosa, TallapooSa, Chambers,
Shelby, Jefferson, and Tuscaloosa, shall compose
one district, to be called TIE middle district and
court shall be held for the said district at TuSca-
loosa. The counties of Jackson, Madison, Lime
stone, Lauderdale, st. Clair, Marion, Fayelie
Randolph, Taladega, Franklin; lawrence, NOR,
pan. Benton, Marshall, De Kalb, Cherokee, and
Blount, shall hereafter compose one district to be
called the northern distTict; and cour: shall be
held for the same as heretofore, at Huntsville +;
and the residue OF the counties OF said state shall
hereafter compose the southern district of Alaba-
ma and court shall DC heIo Ior thc sdhei as
heretofore, at Mobile
Sec 2. And be II further enacted, That there shall
n. two terms of the district court for the middle
district held al Tuscaloosa. in each year, 10 begin
on the fourth Monday in May, and the first Mon
day after the fourth Monday in Navember and
the district Judge of the United States for the State
of Alabama is hereby required TO held the courts
aforesaid and, furthermore. to hold one or more
special terms at Tuscaloosa in each year, If in hs
opinion the business Of the court shall require il
to be done.
Sec 3. And be il further enacted, That the fourth
Monday in NAV. and first Monday afler the fourth
Monday in November in each year. shall be re-
turn DAYS for writs and executions reibrnable 10
the said district court at Tuscaloosa and the par
lies to such suits as shall be returned shall make
IN their pleadings. under such rules as the court
shall prescribe IN order to have the causes so re-
turned in state Of readiness for trial at the sue
ceedng regular term.
Sec A. And be Il further enacted. That all causes
at law or in ehancery, pending in the said district
courts at Mobile and Huntsville, or in the circuit
court of the United States at Mobile, in which the
defendant or defendants resided in the middle dis
tret Gas hereby estabished) at the time Of serving
process shall be transferred for trial to the district
court for the said middle district, and be proceeded
in, heard, adludged, and determined, in the same
manner as though originally commenced or prose
cuLed Tn the said court; and II shall be the dnty OF
The clerks of the said courts at Huntsville and Mo
bile safely to transmit to the clerk Of the district
court at Tuscaloosa the original papers in all case:
hereby ordered to be transferred together with
transcript Of all orders and other proceedings had
thereon.
Sec. lni be it further enacted, That all suit,
hereafter 10 be brought in either of said courts. no
Of local nature shall be brought in court OF the
district where the defendant resides but ifthere b.
more than one defendant, and they reside in life
rent districts, the plaintiff may sue in either, an
send duplicate writ or writs TO the other defend
ANS on which the plaintiff or his attorney sha
endorse that the writ thus sent is copy OF a wr
sned out Of court of the proper district and th
said writs. when executed and returned into III
Office from which they issued shall constitute on
suit, and be proceeden in accordingly.
Sec 6. Aad be IL further enacted, That Ii
Judge Of said district courts shall appoint clerk
the district court of the middle district, who shall n
side and keep his Office, and the records and doc'
ments apperiaining thereto, at the place of holdn
said court said clerk shall be entitled TO the sam
fees allowed by law to the clerks OF the other dstrc
ofsad State, perform the like duties, and be subje
10 the same liabilities and penalties
Sec. 7. And be 1t further enacted, That the di
trict attorney OF the northern, and the marshal OF Il
southern district Of Alabama shall respectively pc
form the duties of the district attorney and marsh
Of aud for the middle district hereby established
and the said marshal shall keep office at the cit
of Tuscaloosa, and his charges for mileage in III
execution of the duties of his office within said mid
die district shall be computed from the SAID city
Tuscaloosa.
Sec g. And be Il further enacted, That tho said d,
tIic court for the middle district Of Alabama in az
duon to the ordinary jurisdiction and powers of
district court Of the United States, shall, within Il
limits Of said middle district have jurisdiction Of a
causes except appeals aud writs OF error which no
are or hereafter may by law be made, cognzabe
a cifcut court OF the United States aud shall pr
ceed therein in the sa ne manner as circuit cour,
Sec. 0. And be IL further enacted, That appo;
and writs OF error in the nature Of appeals, sh,
he and may be sued from the said district cour,
Tuscaloosa to the circuit court of the United Sta
at Mobile in the State cf Alabama.
Sec. 10. Ind be il further enacted That sho,
the Judge Of the district courts Aforesaid fail to
tend al the lime and place of holding the court
the said middle district at any ono OF its teri
aforesaid. before the close Of the fourth day of a
such term the business pending in such court 81
stand adjourned 10 the next term thereof
IN 1.A h, A ..-fL, rf.I knt all l.,
contravening or opposed TO the pro, 'slons of
act be, and the same are hereby repealed.
JAMES X. POLK,
Speaker the House Of Representatives
RICHARD M. JOHNSON,
Tioe President cfthe United States, and
President cfthe Senat,
ArpRovEp, February 9th 1889,