Delaware gazette. (Wilmington, Del.) 1837-1883, 1839-03-26

AIN AL 10 reOrHunlle inc district courts oil the
United States in the State of Alabama
BE il enacted By the Senate and House of Rep
reseRtatiUes Of The United States Of America IN
Congress assembled, That the State of Alabama
shall be and the same is hereby, divided into
three districts, in manner following, to wit The
counties of Walker, Pickens, Sumptcr, Marenro
Green, Perry, Bib, Autauga, Coosu, Vralapoosa
Chambers, Shelby, Jefferson, and Tuscaloosa
shall compose one district to be called the middle
district; and court shall be held for the said dis
trict at Tuscaloosa. The counties of jackson
Madison, Limestone, Lauderdale, ST. Clair, Mari
on, Fayctie, Randolph, Taladega, Franklin, Law
renee, Morgan, Benton, Marshall, De Kalb, Che
fokoe, aud Blount, shall hereafter compose one
district, 20 be called The northern district; and .
court shall be held for the same, as heretofore, al
at Huntsville und the residue of the counties OF
said State shall hereafter compose the southern
district Of Alabama and a court shall be held fol
the same, as heretofore, at Mobile.
SEo. 9. And be il further enacted, That there
shall be two terms of the district court far the
middle district held ut Tuscaloosa, in eaclfyear
to begin on the fourth Monday in May, and the
first Monday after the fourth Monday in Novem.
Der aud the district iudge-of the United States
for the State of Alabama is hereby required Ia
hold the courts aforesaid; and furthermore, 10
hold one or more special terms at Tuscaloosa in
each year, If in his opinion, the business Of the
court shall require il to be done.
SEC. 3. And be il further enacted, That the
fourth Monday in May, and first Monday after
the fourth Monday in November, in each yeal
shall be return days for writs and executions re.
turnable to the snid district court at Tuscaloosa
and the parties to such suits shall be so return
ed shall make up their pleadings, under such
rules the court shall prescribe III order to have
the causes returned in a state of readiness fol
trial at the succeeding regular term.
SEC. A. And be il further enacted, That all
causes at law or in chanccry, 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 district Gas hereby eslablishcd) at the time
of serving process shall be transferred for trial Ia
the district court for the suid middle district and
be proceeded in, heard, adiudged, and determined
in the same manner as though originally com.
menced or prosecuted IN the said court and il
shall DO the duty of the clerks Of the said courts
at Huntsville and Mobile salty To transmit to the
clerk Of the district court at Tuscaloosa the oil
ginnl papers in all cases hereby ordered to be
transferred, together with transcript Of all or.
ders and other proceedings had thereon.
SEC. 5. And be il further enacted, That all
suits hereafter 10 be brought in either of said
courts, not Of local nature, shall be brought in
court of the district where the defendant re-
sides but if there be more than one defendant,
and they reside in different districts the pluntitf
may sue in either, and send duplicate writ or
wris to the other defendants on which the plain
tiff or his attorney shall endorse the writ thus
sent is copy Of writ sued out Of court Of
the proper district and the said writa, whom exc.
cuted andreturEed intoth office from which they
issued shall constitute one suit, and be proceeded
in accordingly.
SEC. 6. And be ID further enacted, That the
Judge of said district courts shall appoint
clerk Of the district court of the middle district
who shall reside and keep his office, and the re-
cords and documents appcrtaining thereto. at the
place OF holding said court; said clerk shall be
entitled u the same fees allowed by law TO the
clerks Of the other districts Of said State perform
the like duties, and be subject to the liable
tiles and penalties.
SEC. ARd be il further enacted, That the
district attorney Of the northern, and the marshal
Of the southern district of Alabama shall ruspec.
lively perform the duties Of the district attorney
and mursiiul of and for iho middle district hereby
established and the said maIslial sllalisheop riy
Office at the city of Tuscaloosa, and his charges
for mileage in the execution of the duties of his
office within said middle district shall be compu-
ted from the said city of Tuscaloosa.
SIC. 8. And be il further enacted, That the said
district court for the middle district of Alabama,
in addition 10 the ordinary Jurisdiction and pow
ers of n district court of the United States, SHALL
within the limits of said middle district, have
jurisdiction Of all cruises, except appeals and wrls
of errorc which now are or hereafter may by law
he made, cognizable in a circuit court Of the
United States, and shall proceed therein in the
same manner as a circuit court
SIC. 8. And be it further enacted, That appeals
and writs of error in the nature of appeals, shall
lie and may be sued from the said district court
at Tuscaloosa 10 the circuit court of the United
States at Mobile, in the State AlObama.
SEC. 10. And be hfarther enacted, That should
the Judge of the district courts aforesaid fail TO
attend al the time and place of holding the court,
for the said middle district, at any one of its
terms, aforesaid, before the close of the fourth
day of any such term the business pending in
such court shall stand adjourned to the next term
thereof.
SEC. IL. And be IL further enacted, That all
laws contrayening or opposed to the provisions of
this act be, and the same are hereby repealed.
JAMES X. POLK,
Speaker of The House of Representatives.
Ri. M. JOHNSON,
Vice President Of the United States, and
President Of lhe Senate.
Approved, February 9th, 1899.
NJ. VAN buren,.