Chapter 1431. To provide for circuit and district courts of the United States at Albany, Georgia
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CHAP. 1431.— An Act To provide for circuit and district courts of the United States at Albany, Georgia. March 3, 1905. [[H. R. 5498](/us/bill/58/hr/5498).] [[Public, No. 164](/us/pl/58/164).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the southwestern divisionUnited States courts.Georgia southern judicial district.Southwestern division established. of the southern judicial district of Georgia is hereby established, to be composed of the counties of Baker, Calhoun, Dougherty, Lee, Mitchell, and Worth, of the southern district of Georgia.
Sec. 2. That a term of the circuit court and of the district court forTerms at Albany.[R. S., sec. 572, 658 pp. 99, 120](/us/rs/s572/658/pp99/120). the southern district of Georgia shall be held at Albany, in said State, on the third Mondays in June and December in 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: *Provided, however, *That suitable rooms*Proviso*.Court room. 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 districtSuits 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 committedCrimes, etc. 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, 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 circuitTransfer of pending causes. or district courts, 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 it 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. 1000 Sec. 6.
Removal at eases from State courts. That in all cases of removal of suits from the courts of the 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 comity 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. Jurors. That all grand and petit jurors summoned for service in each Process.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. Repeal. That all Acts and parts of Acts in conflict herewith be, and the same are hereby, repealed. Approved, March 3, 1905.