New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-21
GENERAL NAruRE-No. los. I

An act to take away the circuit court juris-
| diction of the district court of the United
| States tor the northern district of Georgia,
to create a circuit court in said district,
| and for other purposes.
| Be it enacted by the Senate and House of.
Representatives of the United States of
| America in Congress assembled That an
/ much of any act or acts of Congress as vests
| in the district court of the United States for
| the northern district of Georgia the power
| and jurisdiction of circuit court be, and
the same is hereby repealed: and there
| shall hereafter be a circuit court held for
| said district, presided over as the circuit
court now is, or hereafter may be, in the
southern district.
Sec. 2. That all Actions SUITS executions,
| causes, pleas, process, and other proceed
ings relative to any cause, civil or criminal,
which might have been brought and would
have been originally cognizable in cir
cult court, or removed thereto under any
act of Congress-, pending in or return
able to the district court for the.
said northern district of Georgia
at the time appointed for holding the next
term thereof, are hereby declared to be
transferred and made returnable to the cir
cult court constituted by this act to be
holden within the said district, and shall be
heard, tried and determined therein, in
the same manner as if originally instituted
in or removed to such circuit court. And
the said circuit court shall be governed by-
the same general laws and regulations as;
apply to other circuit courts of the United
States, and the clerk of said court shall
perform the same duties and shall be emit
tied to receive the same fees and emoIu-
ments which are by law established for the
clerks of the other circuit courts of the
United States, and shall be appointed by
the circuit judge of circuit; provided, that
che present clerk of the district court for
tIapy AZ NcI,r H. ~
the circuit court of said district till another
appointment be made in his place or he be
otherwise removed
SEC 3. That there shall be two terms of
the district court for the northern district
of Georgia, held in Atlanta, in each and
every year, to begin on the first Mondays
of March and September; and there shall
also be two terms of the circuit court for
said district, held in Atlanta, in each and
every year, to begin on the second Mondays
in March and September.
SEC. 4. That all suits hereafter to. be in
stituted in the district or circuit court of
either the northern or southern district of
Georgia, not of local nature, shall be com
menced in a court of the district where the
defendant resides; but if there be more
than one defendant, and they reside in diff
ferent districts, the plaintiff may sue in
either, and send duplicate writs tosthe other.
defendants, on which the plaintiff or his
attorney shall indorse that the writs thus
sent are copies of writs sued out of the
proper district; and the said writs, when
executed and returned into the Office from
whence they issued, shall constitute one
and the same suit, and be proceeded in ac-
cOrdingly.
adopted, and now of force in the district
court for the northern district of Georgia,
be, and they are hereby declared to be,
adopted and of force in the circuit court of
said northern district; but the same may be-
altered modified, amended or annuIled by
the said courts, and new rules may be added
thereto in the same manner as in other
district and circuit courts. The return
days of writs and executions returnable to
the said district and the said circuit courts
shall be the first days of the terms of said
courts respectively, but the time for the re-
turn of writs may be, by rule of court,
changed to any rules day.
SEC. 6. That the grand and traverse iuries
which have been or which may be drawn
for the first term after the passage of this
act, of the district court for the northern
district Of Georgia, shall be the iuries for
both the circuit and the district court; and
all the acts as such in either court shall be
valid, as if said juries belonged exclusively
to the court at which they are acting for
the time being.
SEC. 7. That it shall be lawful for the re-
quisite jurors, grand andpetit, for either or
both of said COURTS to serve at the first
term thereof, to be drawn at any time by
the judge of the said district court, or By
either Of the judges of said circuit court.
SEC. 8. That the ninth and tenth sections
of the act of August eleventh, eighteen hun
dred and forty-eight, organizing the district
court of the northern district of Georgia,
and all acts and parts of acts initiating
against this act, be and the same are here
by repealed
Approved June 4, 1872.