Chapter 168.
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CHAP. 168.— An act to create the northeastern division of the Southern Federal judicial district of Georgia, and to take certain counties from the northern district and add to the Southern district, and to provide for holding counts in said northeastern division, and for other purposes.February 15, 1889. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Georgia. Northeastern division of southern judicial district established.
Counties. R. S., sec. 535, p. 90, amended. That the northeastern division of the southern judicial district of Georgia is hereby established, to be composed of the counties of Warren. Glascock, McDuffie, Columbia, Richmond. Burke. Jefferson. Johnson, and Washington of the southern district, and of the counties of Lincoln, Wilkes, and Taliaferro of the northern district, which are hereby attached to the southern district and made part of the northeastern division of said southern district.
Sec. 2. That there shall be held at the city of Augusta, in saidTerms of court at Augusta. R. S., secs. 572, 658, pp. 99, 120. northeastern division of the southern judicial district of Georgia, two terms of the district and circuit courts in each and every year, to wit, one term commencing on the first Monday in April and the other commencing the third Monday in November of each year, and it shall be the duty of the clerk, marshal, and other officers of the southern judicial district to attend said terms of said court and perform all the duties pertaining to their positions, and no additional clerk or marshal shall be appointed in said district.
If in the opinion of the court it shall become necessary, a deputy clerk may be appointed. Sec. 3. That all civil suits not of a local nature must be broughtJurisdiction in civil causes. in said northeastern division where the defendant resides in said northeastern division of the Southern Federal judicial district of Georgia. But if there are two or more defendants, some residing in the northeastern division and others residing in any other portion of said southern district of Georgia, the action may be brought in any one of the divisions in which any one of the defendants resides.
When the defendant is a nonresident of either division action may if plaintiff is a citizen of the district be brought in that division wherein the defendant may be found. Cases removed from any ofRemoval from State courts the courts of the State of Georgia to the circuit courts of the United States shall be removed to the circuit court in the division in which said court is held. Sec. 4. That all prosecutions for crimes or offenses committedProsecutions for crimes. after the date at which this act takes effect in any of the counties of the said northeastern division shall be cognizable within such division, and all prosecutions for crimes or offenses committed prior to the date when this act takes effect within any of said counties, taken as aforesaid from the northern district, or committed in the southern district as heretofore constituted shall be commenced and proceeded with as if this act had not been passed.
Sec. 5. That civil actions or proceedings now pending at Atlanta,Transfer of pending causes. in the northern district, in which parties residing in the counties by this act transferred to the southern district are interested, may be transferred, by the consent of all the parties, to the proper courts in the northeastern division of the southern district as herein provided; and all civil actions or proceedings now pending either at Macon or Savannah, in said southern district, in which the parties residing in the counties by this act assigned to said northeastern division are interested, may be transferred, by the consent of all parties, to the proper court in said northeastern division: and in case of such transferRecords, etc. all papers and files therein, with copies of all journal entries, shall be transferred to the clerk’s office of the court to which they are transferred. and the same shall be proceeded with in all respects as though the case were originally brought therein; but without such consent such actions or proceedings shall be continued and carried on as if this act had not been passed. 672 Sec. 6.
Jurors. That all grand and petit jurors summoned for service in said northeastern division shall be residents of such division. Sec. 7. Effect. That this act shall be in force from and after the first day of January, eighteen hundred and ninety, and all acts and parts of acts inconsistent herewith are hereby repealed. Approved, February 15, 1889.