Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-10-18

Judicial Districts and organizing and establishing
an additional district court of the United States,
with circuit court powers and jurisdiction.
Be 1t enacted by the Senate and House of Represen-
tatues Of tie United States Of America in Coagress
sembled, That the State of Georgia shall be, and the
same is hereby, divided into two Judicial districtsn
manner following, to wit: the counties Of Harris,
Talbot, Epson, Monroe, Jones, Putnam, Hancock,
Warren, Columbia, and all the counties in said
south of them shall compose one district, to be cal
led the southern district and the courts shall be held
as heretofore. and at the times authorized and
required by law. at Savannah. The counties of
Troupe, Merriwether, Pike, Butts, Jasper, Morgan,
Greene, TaiiafeTro Wilkes Lincoln, and all the re-
naming counties in said State north Of them shall
compose district, to be called the northern dis
rict, and court shall be held for the said distc at
Marietta, in the county OF Cobb.
Sec 2. And be it further enacted, That there shall
be two terms of the district court for the northern
district held at Marietta in each and every year,
begin on the second Monday IN March, and on the
second Monday In September. And the district
Judge Of the United States for the State OF Georgia
furthermore, he is authorized and required to hold
one Or more special terms at Marietta in each year,
If, In his opinion, the business Of the coult or the
public convenience shall require it to be done.
SEC. 8. And be it further enacted, That the second
Monday in Mark and the second Monday in Septem-
Der in each year shall be days for writs and
utons returnable to the SAID district court 10 he
held for the northern district at Marietta and the
pditieS W SuSu SildlI ut TetuIucu
make up their pleadings under such rules as the
court shall prescribe. In order to have the
returned in state of readiness for trial at the sue
ceeding regular term.
Sec 4. And be 1t further enacted, That all causes
at law in chaucery pending in the said district
courts Savannah, in the circuit court Of the
United States at Savannah and Milledgvile, where
the defentent defendants resided in the northern
district tas hereby estabshed al the time of serving
process shall be transferred for trial to the district
irnn for a pnrth Al ba
ed in, heard, adjudsed, and determined the same
manner as though originally commenced or prose-
cucd in sid court And it shall he the duty of the
CLERKS of the said courts at savannah and Milledg'
Vile safely TO transmit to the clerk of the district
court at Marietta the original papers in all cases
hereby ordered to be transferred, together with
transcript of all orders and other proceedings had
; thereon.
SEC. 8. And be it further enacted, That all suits
hereafter to be instituted in either of said
Of a local nature, shall be commenced in a court OF
the district where the defendant resides but if there
be more than defendant, and they reside in diff
fercnt districts, The plaintiff may either, and
send duplicate writs to the other defendants, on
which the plaintiff his attorney sh II endorse that
the writ thus sent is copy of writ sued out of the
proper districts and the said Writs, when executed
anu returned into the Office from which they issued
shil constitute and same suit, and be proceeded
In COidingiy.
Sec. g. And be II further enacted, That the judge Of
the said district court shall appoint CLERK of the
district court for the northern district. who shall
side and keep his office, and records and docume
APP ertaining thereto, at the place Of holding sa
court. And the said clerk shall be entitled To the
same fees allowed by law to the clerks of the dis
trict courts in the other district in SAID State, per-
form the like duties, and be subject to the same liza
biiities and penalties.
Sec: T. And be e further enoetsd, That the diSttSI
Georgia shall Il, ely perform the duties of the
dist lot attorney and marshal of the northern district
And hc SAIL mar shall shall keep Office at Marietta:
and his charges for mil age, in the execution OF thu
duties Of his Office within the said northern district,
| shall be computed from Marietta.
SEC. s. And be it further enacted, That the SAID
district curt of the northern district Of Georgia,
in addition to the ordinary jurisci>tion and powers
of district court of the United States, shall, with
in the limits of said northern GistrCt have juriS-
diction Of all causes, except appeals and writs of
error, which hereafter may be made
cognizable in circuit court of the United States.
and shall proceed therein in the same manner a
circuit court.
SEC. 9. And be it further enacted, That appeals
and wrts Of error in the nature of appeals, shall
lie and may be sued from the said district court al
Marietta to the supreme Court of the United
atates.
the Judge of the district courts aforesaid fail 10
the said northern district, at any one of its terms
aforesaid before the close of the fourth day Of any
| such term, the business lending in any such court
shall stand adjour ned to the next term thereof.
SEC. ~. And be it further enacted, That all laws
contravening or opposed TO the provisions Of this
act be, and the same are hereby, repealed.
Approved August II, 1Sis.