New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-28
GENERAL NATURE-No. los. /

An act to take away the circuit court iuris-
diction of the district court of the United
States tor the northern district of Georgia.
to create circuit court in said districto
and Tor other purposes.
Be it enacted by the Senate and House OF
| Representatives of the United States oS
America IN Congress assembled, That sCa
much of any act or acts of Congress as yests9
| in the district court of the United States fvf9
| the northern district of Georgia the poWele
| and jurisdiction of circuit court be, and,
the same is hereby repealed; and therep
shall hereafter be circuit court held fot9
said district, presided over as the circuiG
| court now is, or hereafter may be, in tho
southern district.
SEC. 2. That all actions, suits, exeeutionan
causes, pleas, process, and other proceeds
ings relative to any cause, civil or criminals
which might have been brought and would
have been originally cognizable in a eiTo
cult court, or removed thereto under anS
act of Congress-, pending in or returne
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 be0
transferred and made returnable to the cir
cult court constituted by this act, to beB
holden within the said district, and shall bte
heard, tried, and determined therein. in,
the same manner as if originally instituted
in or remOvedS0 such circuit court And
the said circuit court shall be governed BIO
the same general laws and regulations ass
apply to other circuit courts Of the United G
States, and the clerk of said court shall
perform the same duties and shall be entts
tied to receive the same fees and emOIue
ments which are by law established for theg
clerks OF the other circuit courts of the
United States, and shall be appointed bT
the circuit judge of circuit; provided, thaR
che present clerk of the district court for
], IL - aI-l,r
the circuit court of said district till anotheEs
appointment be made in his place or he BIS
otherwise removed.
SEC. g. That there shall be two terms oP
the district court for the northern distric@
of Georgia, held in Atlanta, in each antP
every year, to begin on the first Mondaya
of March and September; and there shall
also be two terms of the circuit court fOlo
said district, held in Atlanta, in each ana
every year, to begin on the second Mondaya
in March and September.
SEC. 4. That all suits hereafter-to be iES
stituted in the district or circuit court So
either the northern or southern district eg
Georgia, not of local nature, shall be conss
menced in court of the district where tho
defendant resides; but if there be moro
than one defendant, and they reside in dfa
terent districts, the plaintiff may sue GIs
either, and send duplicate writs to the other2
defendants, on which the plaintiff or hia
ID
sent are copies of writs sued out of tho
proper distric and the said Writs, when9
executed and returned into the office fron0
whence they issued, shall constitute onS3
and the same suit, and be proceeded in asge
cordingly.
SEC. 5. That the rules of court heretofore
adopted, and now of force in the districG
court tor the northern district of Georgias
be, and they are hereby declared to beS
adopted and of force in the circuit court of
said northern district; but the same may bs5
altered, modified, amended or annulled BIZ
the said courts, and new rules may be addeql
thereto in the same manner as in OtheIa
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 sai@
courts respectively, but the time for the REQ
turn Of writs may be, by rule of courG7
changed to any rules day.
SEC. g. That the grand and traverse iurieA
which have been or which may be drawHl
for the first term after the passage of thisl
act of the district court for the northerIA
district of Georgia, shall be the juries for
both the circuit and the district court; anQ
all the acts as such in either court shall b9
valid, as if said juries belonged exclusively
to the court at which they are acting fog
the time being.
SEC. Z. That it shall be lawful for the ree
quisite jurors, grand and petit, for either ofo
both of said courts, to serve at the first,
term thereof, to be drawn at any time bys
the judge of the said district court, or BIZ
either Of the judges of said circuit court.
SEC. 8. That the ninth and tenth sections
of the act of August eleventh, eighteen huns
dred and forty eight, organizing the distriGfs
court of the northern district of GeorgiaS
and all acts and parts of acts initiating
against this act, be and the same are herg5
by repealed
Approved June 4, 1872.