Page:United States Statutes at Large Volume 32 Part 1.djvu/617

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FIFTY-SEVENTH CONGRESS. Sess. 1. Cns. 1338,1339. 1902. 551 be the duty of the clerk, marshal, and other officers of the southern judicial district to attend said terms of said court and erform all the duties pertaining to their positions, and no additional cl)erk or marshal shall be appointed in said district. If, in the opinion of the court, it Deputy ¤1¤rkshall become necessary, a deputy clerk may be appointed: Provided, QMS0- lwwever, That suitable rooms and accommodations are furnished for °° °°°m°°m` 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 usgliw Mt ¤f ¤ 1<¤=¤1 courts against a single defendant, inhabitant of said State, must be num 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 cr§;g;€°¤¤•>¤ 9* in any of the counties of the southwestern division shall be cognizable ` within such division; and all rosecutions for crime or offenses heretofore committed within eitlier 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 roceedings now pending in the cir- c,$,§“§§§j °fP°“‘““8 cuit 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 dis osed 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 ,,f,§"g‘,Q*},lc‘,§f,,€,Yi”“ 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 rfected, in so far as it refers to or is regulated by the terms of the Uiiéited 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 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 E“°°°· of January, anno Domini nineteen hundred and three. Sec. 9. All Acts and parts of Acts inconsistent herewith are hereby R°P°°·l· repealed. Approved, June 30, 1902. CHAP. 1339.-An Act To establish a regular term of United States district court J¤¤€ 30- 1902 in Roanoke City, Virginia, and for other purposes. ?QgL§0_ gm] Be it enacted by Me Senate and Hwse OfRr3/'€8€l1¢dt7}U€8 0 f the ted ‘{,§P,1§§i§“°°*,f§,“,;`}‘; States of Ame7·éca in Oangress assembled, at hereafter the circuit digergé and district courts of the United States for the western district of R_1§i_ 572,658, pp. . 2