Year: 1872

An acU TO take away the circuit court 1urI9-


diction of the district court of the United


States for the northern district of Georgia,


to create circuit court in said district,


and for other purposes.


Be it enacted by the Senate and House of
Representatives of tie United States of
America in Congress assembled, That 40
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the same is hereby repealed; and there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 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 enti-
tied to receive the same fees and emolu-
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
the present clerk of the district court for
said northern district shall be the clerk of
the circuit court Of said district till another
appointment be made in his place or he be
| otherwise removed.


| SEC. B. 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 a. 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 a local nature, shall be com
menced in a court of the district where the
defendant resides; but if there be mora
than one defendant, and they reside in diff
ferent districts, the plaintiff may sue in
either, and send duplicate writs to the 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 distric 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.


SEC. 5. That the rules of court heretofore
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 NAV he
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 inries
which have been or which may be drawn
for the first term after the passage of fhia
act, Of the district court for the northern
district 0fGeorgia, shall be the turies 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. T. That it shall be lawful for the re-
quisite jurors, grand and petit, 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 hup-
dred and forty-eight, organizing the district
court of the northern district of GEORGIA.
and all acts and parts of acts militating
againet this act, be and the same are here,
by repealed.


Approved June 4, 1872.