Page:United States Statutes at Large Volume 9.djvu/307

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THIRTIETH CONGRESS. Sess. I. Ch. 152. 1848. 261 etta the original papers in all cases hereby ldcréd to be transferred, together with a transcript of all orders and other proceedings had thereon. Sec. 5. And be it jintfeer enacted, That all suits hereafter to be Suits mmm: instituted in either of said courts, not of a local nature, shall be com- i"'*““‘°d *°. b° menced in a coun. of the district where the defendant resides; but if ,2;; there be more than one defendant, and they reside in diiferent. districts, ¢ri<=¤ where the the piaiuciff may sue in either, and send duplicate writs to the other gx29m1H-mf; defendants, on which the plaintiff or his attorney shall endorse that the than cine defendwriz thus sent is a copy of a writ sued out of the proper district; and a"‘¤.P*‘3)“*£m.°Y the said writs, when executed and returned into the cilice from which Z`}::::,,,,? md they issued, shall constitute one and the same suit, and be proceeded in accordingly. Sec. 6. And be itfurtlxcr enacted, That the judge of the said Dis- ·!¤dg•> w :_p· trict Court shall appoint a clerk of the District Court of the northern £g;,'Q;€:n°f§;l;d:; district, who shall reside and keep his office, and records and documents appertaining thereto, at the place of holding said court. And the said clerk shall be entitled to the same fees allowed by law to the clerks of the District Courts in the other district in said State, perform the like duties, and be subject to the same liabilities and penalties. Sec. 7. And be it further enacted, That the district attorney and Dimicz morthe marshal of the southern district of Georgia shall respectively per— Ei’?Yl:§gm‘;";?;l form the duties of the district attorney and marshal of the northern mc; m perform district. And the said marshal shall keep an office at Marietta; and d¤¤¢= 0* <ii¤¤i¤¢ his charges for mileage, in the execution of the duties of his office within the said northern district, shall be computed from Marietta. district. Sec. 8. And be it further enacted, That the said District Court for Jurisdiction of the northern district of Georgia, in addition to the ordinary jurisdiction Di¤fri¤¤C¤·9¤_f¤r and powers of a District Court of the United States, shall, within the °°"‘h°m d‘""°" limits of the said northern district, have jurisdiction of all causes, except appeals and writs of error, which now are or hereafter may be made cognizable in a Circuit Court of the United States, and shall proceed therein in the same manner as a Circuit Court. Sec. 9. And be itfurtlwr enacted, That appeals, and writs of error Appeals, &¢., in the nature of appeals, shall lie and may be sued from the said Dis- g’°f;;ffS{;i;'§";; trict Court at Marietta to the Supreme Court of the United States. mg stmt Sec. 10. And be it further enacted, That, should the judge of the In cue judge District Courts aforesaid fail to attend at the time and place of holding zggli ég the court for the said northern district, at any one of its terms afore- gmné adjcu,-,,,,,;_ said, before the close of the fourth day of any such term, the business pending in any such court shall stand adjourned to the next term thereoi Sec. 11. And be it further enacted, That all laws contravcniug or Couilictingiaws opposed to the provisions of this act be, and the same are hereby, ’°P°“°d· repealed. _ Armovzn, August 11, 1848. Can. CLII.-An det ta authorize the Sade of Alabama to apply certain Lands Aug IL Im heretofore granted to that S¢a¢eforin¢cr1•alImpro·vcmo11¢a,fortIae Use of School: -—————-;-- in the valudes: xiuemth Sections in mid State. Be it enacted by the Senate and House of Representative: of the United States nf America in Omgress assembled, That the lands Certain 1¤¤¤~ granted to the State of Alabama for purposes of internal improvement, §‘;”‘ Sgb·°;mS*f.'§f by the eighth section of the act entitled “An Act to appropriate the imma improveproceeds of the sales of the public lands, and to grant preemption ;°°’;;:d TW $3 rights," approved September fourth, eighteen hundred and forty-one, spite y,,, 5,,, u,,, may be, and the same are hereby, placed at the disposal of the legisla- vf ¤¤b¤¤1¤- ture of said State, at such price as said legislature may direct, to be WW °h·16· Von. IX. PUB.-36