The North-Carolina standard., 1848-09-06

LIeSs anu snail De nelQ liable negligence and
misconduct as public officers. as- y tsGf eeg.-
is -. ROBT. c. WINTHROP, al.
Pr u Speaker of the House, of Representatives.
.-..-........-. G. M. DALLAS,
Vice President of the United States, and
'. 'i>..,i t7.. -f President of the Senate.
g. - -, 80 =. JAMES K. POLK.
GPUBL1c-No. s5.l
AN ACT for dividing the State of Georgia into two
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 Representa-
tires Of the United States Of aerica in Congress
is hereby divided into two judicial districts, in
following, to wit: the counties of Harris, Talbot
Upson, Monroe, Jones, Putnam, Hancock, Warren,
Columbia and all the counties in said State south of
them, shall compose district, to be called the
southern district; and the courts shall be held
heretofore, and at the times authorized and re-
quired by law at Savannah. The counties of Troup,
Merriwether, Pike, Butts, Jasper, Morgan, Greene,
Taliaferro. Wilkes, Lincoln, and all the remaining
counties in said State north of them, shall compose
district to be called the northern district and
shall be held for the said district at Marietta
in the county of Cobb.
Sec g .4nd 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 the second Monday in March, and on the
second Monday in September. And the district Judge
by required to hold the courts aforesaid and further
more, he is authorized to hold moro special
terms at Marietta in each year, his opinion, the
business of the court the public convenience shall
require it to be done.
Sec. g. .4nd be it further enacted, That the second
Monday in March and the second Monday in Sep
tember In each year shall be the days for writs
and executions returnable the said district court
to be held for the northern district at Marietta; and
the parties to such suits shall be returned shall
make their pleadiDgs under such rules the
shall prescribe, in order to have the
ed in state of readiness for trial in the succeeding
regular terms. -.'. --
Sec. 4. find be It further enacted That all causes
at law or in chancery pending in the said district
courts at Savannah, in the circuit court of the
United States at Savannah and Milledgevlle, where
the defendant defendants reside in the northern
district Gas hereby estabshed the time of serving
process, shall be transferred for trial the district
court for the said northern district and be proceeded
in, heard, adjndged, and determined in the
ner as though originally commenced prosecuted
said court And it shall be the duty of the clerks
of the said Savannah and Miledgeville safe
ly transmit to the clerk of the district Ma
rietta the original papers in all heEeby ordered
to be transferred, together with transcript of all or
ders and other proceedings had thereon. s...
SEC. S. find be It further endctcd, That all suits
hereafter to be instituted in either of said courts
of local nature, shall be commenced in court of
the district where the defendant resides but if there
be than defendant and they reside in differ
ent districts, the plaintiff may in either, and send
duplicate wrts to the other defendants, which the
plaintiff his attorney shall endorse that the writ
thus sent is copy of writ sued out of the proper
district; and the said writs, when executed and
turned into the office from which they issued shall
constitute and the same suit, and be proceeded
in accordingly. ....~.t
Sec. 6. find be 1T further enacted, That the Judge
of the said district shall appoint clerk of the
district court of the northern district who shall
side and keep his office and records and documents
apperaining thereto, at the place of holding said
court. And the said clerk shall be entitled to the
fees allowed by law to the clerks of the district
in the other districts in said State, perform the
like duties, and be subject to the same liabilities and
penalties. .....
Sec. 7. find be further enacted, That the district
attorney and the marshal of the southern district of
Georgia shall respectively perform the duties of the
district attorney and the marshal of the northern dis
trict. And the said marshal shall keep Office at
Marietta; and his charges for mileage in the execu-
ton of the duties of his Office within the said northern
district, shall be computed from Marietta.
Sec. 8. find be it further enacted, That the said dis
tret court for the northern district of Georgia. in add-
ton the ordinary jurisdiction and powers OF dis
triet court of the United States, shall within the
limits of the said northern district, have jurisdiction
of all causes, except appeals and wrts of error, which
now are or hereafter may be made cognizable In a
circuit court of the United States, and shall proceed
therein in the same manner as circuit court a's
SEC. 8. find be IL further enacted, That appeals, and
rts of error in the nature of apeals, shall lie and
may be sued from the said district court at Marietta
to the Supreme Court of the United States.
Sec. 10. find be 1t further enacted, That, should the
Judge of the district courts aforesaid fail to attend al
the time and place of holding the court for the north
ern district at any of its terms aforesaid, before
the close of the fourth day of any such term, the
business pending in any such court shall stand ad-
iourned to the next term thereof. ...s.-. .5,..
SEC. IL. find be 1t further enacted, That all laws
contravening or opposed to the provisions of this ac
be, and the same are hereby, repealed, -..-r- .
Approved August IL, ls4s. 7en"...-~ ~, II,