Chapter 1338. To provide for circuit and district courts of the United States at Valdosta, Georgia
749 words·~3 min read·
/statutes-at-large/vol-32/chapter-1338-2545277·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 1338.— An Act To provide for circuit and district courts of the United States at Valdosta, Georgia. June 30, 1902.[[Public, No. 215](/us/pl/57/215).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, United States courts.Southwestern division of southern judicial district of Georgia established.[R. S., sec. 535, p. 90, amended](/us/rs/s535/p90). That the southwestern division of the southern judicial district of Georgia is hereby established, to be composed of the counties of Berrien, Brooks, Charlton, Clinch, Coffee, Colquitt, Decatur, Echols, Irwin, Lowndes, Mitchell, Thomas, Ware and Worth of the southern district of Georgia.
Sec. 2. Terms of court.Valdosta. That a term of the circuit court and of the district court for the southern district of Georgia shall be held at Valdosta, in said State, on the second Mondays in June and December in each year: and it shall 551 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 Deputy clerk. shall become necessary, a deputy clerk may be appointed: *Provided*, *Proviso*.Free court room. however, That suitable rooms and accommodations are furnished for the holding of said courts free of expense to the Government of the United States. Sec. 3. That all suits not of a local nature in the circuit and district Suits not of a local nature. courts 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. 4. That prosecutions for crime or offenses hereafter committed Prosecution of crimes. in any of the counties of the southwestern division shall be cognizable within such division; and all prosecutions for crime or offenses heretofore committed within either 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. 5. That all civil suits and proceedings now pending in the circuit Transfer of pending civil cases. or district courts of either district or division from which the counties constituting this division have been taken, and which would, if instituted after the passage of this Act, be required to be brought in the southwestern division of said district, may be transferred by consent of all parties or by order of the court to said southwestern division of said district and there disposed of in the same manner and with like effect as if the same had been instituted therein; and all processes, writs, and recognizances relating to such suits and proceedings so transferred shall be considered as belonging to the term of the court in the southwestern division of said district in the same manner and with like effect as if they had been issued or taken in reference thereto originally.
Sec. 6. That in all cases of removal of suits from the courts of the Removal of suits from State courts. State of 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. 7. That all grand and petit jurors summoned for service in Jurors.Process. each division shall be residents of such division. All mesne and final process, subject to the provision hereinbefore contained, issued in either of said divisions, may be served and executed in either or all of said divisions. Sec. 8. That this Act shall be in force from and after the first day Effect. of January, anno Domini nineteen hundred and three. Sec. 9. All Acts and parts of Acts inconsistent herewith are hereby Repeal. repealed.
Approved, June 30, 1902.