Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed. § 142 (Mar. 3, 1911, ch. 231, § 70, 36 Stat. 1105; Feb. 28, 1913, ch. 89, 37 Stat. 698; June 27, 1922, ch. 247, 42 Stat. 667).

Provisions relating to the places for the maintenance of the clerks’ offices were omitted as covered by section 751 of this title, providing that deputy clerks may be designated to reside and maintain offices at such places for holding court as the judge may determine.

Provisions that the offices of the court shall be kept open at all times were omitted as covered by section 452 of this title.

A provision requiring the district judge for the northern district to reside at Birmingham was omitted as incongruous with section 134 of this title, requiring every district judge to reside within the district for which he is appointed. Likewise the provision of section 142 of title 28, U.S.C., 1940 ed., requiring the court to remain in session at Birmingham at least 6 months in each calendar year was omitted as unnecessary and not in harmony with provisions respecting other districts.

The provisions for furnishing rooms and accommodations at Florence, Gadsden, Jasper and Opelika were omitted as obsolete upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in each of these places.

Changes in arrangement and phraseology were made.

Editorial Notes
Amendments

2024—Subsec. (a). Pub. L. 118–179, § 1(1), substituted “five” for “seven” in introductory provisions.

Subsec. (a)(1). Pub. L. 118–179, § 1(2), substituted “Lauderdale, and Lawrence” for “and Lauderdale”.

Subsec. (a)(2). Pub. L. 118–179, § 1(3), struck out Lawrence and added Marshall to the counties comprising the Northeastern Division of the Northern District and struck out “and Decatur” after “Huntsville”.

Subsec. (a)(4). Pub. L. 118–179, § 1(4), substituted “Cherokee, Clay, Cleburne, DeKalb, Etowah, Saint Clair,” for “Clay, Cleburne,”.

Subsec. (a)(5). Pub. L. 118–179, § 1(5), substituted “Fayette, Greene, Lamar, Marion, Pickens, Sumter, Tuscaloosa, Walker, and Winston” for “Greene, Pickens, Sumter, and Tuscaloosa”.

Subsec. (a)(6). Pub. L. 118–179, § 1(6), struck out par. (6) which read as follows: “The Middle Division comprises the counties of Cherokee, De Kalb, Etowah, Marshall, and Saint Clair.

  “Court for the Middle Division shall be held at Gadsden.”

Subsec. (a)(7). Pub. L. 118–179, § 1(7), struck out par. (7) which read as follows: “The Jasper Division comprises the counties of Fayette, Lamar, Marion, Walker, and Winston.

  “Court for the Jasper Division shall be held at Jasper.”

1961—Subsec. (a)(2). Pub. L. 87–36 provided for holding court at Decatur.