The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-02-09
The New Judicial District in Virginia

The New Judicial District In Virginia
The following is copy of the bill to
form tho western judicial district of Vir-
ginia
An act to divide the State of Virginia into tw o
judicial districts.
Be it enacted by the Senatesand House of
Representatives of the United States of Amer
lea in Congress assembled, That the counties
of Albemarle, Allegheny, Amherst, Appomat.
tox, Augusta. Bath, Bedford, Bland, Botetourt,
Buchanan, buckingham, Campbell. Carroll,
Charlotte, Clarke, Craig, Cumberland, Floyd,
Franklin, Frederick, Fluvanna, Giles, Gray
son, Greene, Halifax, Henry, Highland, Lee,
Madison, Montgomery, Nelson. Patrick, Page,
Pulaski, Pittsylvania, Rappahannock, Rock
Smyth, Shenandoah, Tazewell, Washington,
Wise, Wythe and Warren, of the State of Va,
shall hereafter constitute new judicial dis
trict of the United States, and be called the
western district of Virginia; and the circuit
and district courts of the United States for
said western district of Virginia shall be held
at Lynchburg, Danville, Abingdon, and Harri-
sonburg, within said district.
SEC. 2. And be it further enacted, That a
term of the circuit and district court of the
United States for said western district shall be
held at Danville, on the first Monday of March
and September; at Lynchburg, on the second
Monday of March and September at Abing.
don, on the third Monday of March and Sep.
tember; and at Harrisonburg, on the Wednes-
day after the fourth Monday of March and
September in each year.
SEC. 8. And be it further enacted, That the
district of Virginia shall hereafter consist of
the counties of said State not named in this act,
and shall be called the eastern district of Vir-
ginia and circuit and district courts of the
United States shall be held in said eastern dis
trict, as follows: At the city of Richmond on
the first Monday of April and October, and at
the city of Alexandria on the first Monday of
January and on the first Monday of July, and
at Norfolk on the first Monday Of May and first
Monday of November, in each year.
SEC. 4. And be it further enacted, That the
said circuit or district court for either of said
districts may, in its discretion, order special
terms, and order grand or petit jury, or both,
to attend the same, by an order to be entered
of record twenty days before the day at which
said special term shall be ordered to convene;
and said courts respectively at such special
terms shall have all the powers that they have
at a regular term appointed by law: Pro-
vided, however, That no special term of said
circuit court for either district shall be ap-
pointed except by and with the concurrence
and consent of the circuit judge.
Sec. S. And be it further enacted, That all
suits and other proceedings,o of whatsoever name
trict court of the United States for the district
of Virginia, shall be tried and disposed of in
the circuit and district courts respectively,
for said eastern district as the same would have
been if this act had not been passed, and for
that purpose, jurisdiction is reserved to the
said courts in the said eastern district; and
the clerks of the circuit and district courts of
the present district of Virginia shall retain the
records and files of the said circuit and district
courts, at the city of Richmond, and do and
perform all the duties appertaining to their
said Offices, respectively, within the eastern
district, except as is hereinafter provided
and all process returnable to or proceedings
noticed for any term of the present circuit or
district court shall be deemed to be returnable
to the next term of said courts, respectively,
in the said eastern district, as fixed by this act.
Sec. 6. And be it further enacted, That upon
application of any party to any suit or pro-
ceeding now pending in the present circuit or
district courts of the United States, for the
present district of Virginia, which shall have
been commenced in the proper court for the
western district if this act had been in force at
the time of the commencement thereof, the
proper court shall order that the same be
removed for further proceedings to the proper
court for said western district and thereupon
the clerk shall transmit certified copies of all
the papers aud of all orders made therein to
the clerk of the court to which such suit or
proceeding shall be removed, and all further
proceedings shall be had in said court, to which
the same shall be removed as if the said suit or
proceeding had originally been commenced
therein.
SEC Z. And be it further enacted. That the
passage of this act shall not have the effect to
destroy or impair the lien of any Judgment or
decree, rendered by the circuit or district
court of the United States for the present dis
trict of Virginia, prior to this act taking effect;
and final process on any Judgment or decree
entered in the circuit or district court of the
United States for the district of Virginia, or
which shall be entered therein prior to this act
taking effect, and all other process for the
enforcement of any order of said courts res
pectively, in any cause or proceeding now
pending therein, except causes or proceedings
removed as herein provided, shall be issued
from and made returnable to the proper court
for the eastern district of Virginia, and may be
directed to and executed by the marshal of the
United States, for the said eastern district in
any part Of the State of Virginia.
SEC. s. And be it further enacted, That there
shall be appointed a district Judge for said wes-
tern district Of Virginia, who shall receive an
annual salary of three thousand five hundred
dollars and there shall also be appointed a
marshal aud district attorney of the United
States for said western district of Virginia,
who shall respectively receive such fees and
compensation, and exercise such powers and
perform such duties, as are fixed and enjoined
by law.
SEQ. 8. And be it further enacted, That the
circuit and district judges shall appoint four
clerks, each Of whom shall be clerks both of
the circuit and district courts for said western
district, one of whom shall reside and keep his
office at Lynchburg, another shall reside and
keep his office at Abingdon, another shall re-
side and keep his Office at Danville, and the
fourth shall reside and keep his Office at Harri-
sonburg, who shall receive the fees and COM
pensation for services performed by them re-
spective'y, now fixed by law.
SEC. 10. And be it further enacted, That
either of the clerks of the circuit and district
courts for said western district is hereby au.
thorized, under the direction of the district
Judge of said western district, to make a trans
cript from any of the records, files, or papers
of the district and circuit courts of the United
States remaining in the office of the clerks in