Chapter 17. to provide for circuit and district courts of the United States at Macon, Georgia, and to transfer certain counties from the northern to the southern district in said State

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CHAP. 17.— An Act to provide for circuit and district courts of the United States at Macon, Georgia, and to transfer certain counties from the northern to the southern district in said State.Jan. 29, 1880. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,U. S. circuit and district courts of Georgia. That the counties of Pike, Butts, and Jasper, heretofore composing a part of the northern district of 63 FORTY-SIXTH CONGRESS.

Sess. II. ClI. 17, 18. 1880. Georgia, be transferred to, and henceforth form a part of, the southern district of Georgia. Sec. 2. Said southern district shall be and hereby is, divided into twoSouthern district.Eastern division.Western division. divisions, to be known as the eastern and the western divisions of the southern district of Georgia. The western division shall consist of forty- three counties, to wit: Bibb, Monroe, Jones, Twiggs, Houston, Crawford, Baldwin, Wilkinson, Laurens, Pulaski, Dooly, Macon, Taylor, Upson, Pike, Butts, Jasper, Putnam, Hancock, Warren, Dodge, Wilcox, Tel- fair, Sumter, Schley, Marion, Talbot, Harris, Muscogee, Chattahoochee, Stewart, Webster, Lee, Terrell, Randolph, Quitman, Clay, Calhoun, Dougherty, Baker, Early, Miller, and Mitchell.

The eastern division shall consist of the remaining counties in said district. No additionalClerk and marshal.Terms at Macon, Ga. clerk or marshal shall be appointed in said district. Sec. 3. A term of the circuit court and of the district court for the southern district of Georgia shall be held at Macon in said State on the first Mondays of May and October in each year. Sec. 4. All suits not of a local nature in the circuit and district courtsSuits brought where defendant resides.Two or more defendants.Issues of fact. against a single defendant, inhabitant of said State, must be brought in the division of the district where he resides; but if there are two or more defendants residing in different divisions of the district, such suits may be brought in either division.

All issues of fact in said suits shall be tried at a term of the court held in the division where the suit is so brought. Sec. 5. Prosecutions for crimes or offenses hereafter committed in either of the subdivisions shall be cognizable within such division; and all prosecutions for crimes or offenses heretofore committed within eitherProsecutions for crimes and offenses heretofore committed. of said counties, taken as aforesaid from the northern district, or committed in the southern district as hitherto constituted, shall be commenced and proceeded with as if this act had not been passed.

Sec. 6. Civil actions or proceedings now pending at Savannah inCivil actions pending at Savannah, transfer of, by consent.Papers, files, and journal entries. said southern district, which would under this act be brought in the western division of said district, may be transferred, by the consent of all the parties, to said western division; and in case of such transfer, all papers and files therein, with copies of all journal entries, shall be transferred to the deputy clerk’s office at Macon, and the same shall be proceeded with in all respects ns though it was originally commenced in the western division.

Sec. 7. In all cases of removal of suits from the courts of the State ofRemoval of suits from State courts. Georgia to the courts of the United States in the southern district of Georgia such removal shall be to the United States courts in the division in which the county is situated from which the removal is made; and the time within which the removal shall be perfected, in so far as it refers to, or is regulated by, the terms of the United States courts, shall be deemed to refer to the terms of the United States courts in such division.

Sec. 8. All grand and petit jurors summoned for service in each divisionJuror’s residence.Process, service and execution. shall be residents of such division. All mesne and final process, subject to the provisions hereinbefore contained, issued in either of said divisions may be served and executed in either or both of the divisions. Sec. 9. This act shall be in force from and after the first day of JulyAct takes effectRepeals provisions. anno Domini, eighteen hundred and eighty.

All acts and parts of acts inconsistent herewith are hereby repealed. Approved, January 29, 1880.