New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-20

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and said courts, respectively, at such spe-
eial terms shall have all the powers that
they have at the regular terms appointed
by law; provided, however, that no special
term of said circuit court for either district
shall be appointed except by and with the
concurrence and consent of the circuit
judge.
SEC. 5. That all suits and other proceed
ings of whatever name or nature, now
pending il the circuit or district court of
the United States for the district of North
Carolina, except as hereinafter provided,
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 III said eastern district, and
the clerks of the circuit and district courts
of the present district of North Carolina
shall return the records and files of the
said circuit and district courts at the places
heretofore appointed, and to do and per
form all the duties appertaining to their
said offices, respectively, within the east
ern 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. s. That upon application of
any party to any suit or proceed
ings, civil or criminal, now pend
ing in the present circuit or district
court of the United States for the present
district of North Carolina, which should
have been commenced in the proper court
for the western district of North Carolina
if this act had been in force at the time Of
its commencement, such suit or other pro-
ceedings shall be removed for further pro-
Ceedings to the proper court for said west
ern district and thereuPon the clerk shall
| transmit the original papers, and copies Of
| ali orders made therein, to the clerk of the
court to which said suit on proceedings
shall be removed for trial or such Othe
proceedings therein as if the said suit or
proceedings had originally been com
menced therein; the district attorney Of
said western district to designate the court
| to which all suits and proceedings, and in
dictments and criminal proceedings, where
in the United States is plaintiff, shall be
| removed, and the plaintiff, or his attorney,
in all other suits to designate the court to
which they shall be transferred; but no
suit, indictment, or criminal proceedings,
| where bail is required of q defendant,
shall be transferred until proper bail is
given for him to appear accordingly;
provided, that all suits and other proceed
ings, both criminal and civil, now pend
ing in the Cape Fear district court of the
United States, at Sails bury, with all the
original papers therein, shall be transferred
for trial or such other proceedings as shall
be meet and proper to a special term of the
district court Of the United States for said
western district. of North Carolina, to be
held at Salisbury, beginning on the second
Monday in August, A. D. eighteen hundred
and seventy-two; and all said suits and
proceedings not then finally disposed OF
shall, with the original papers therein, be
transferred to the district courts OF said
western district at Greensboro or States
vile, as the Judge may order; and all
necessary and proper process shall
issue and be made returnable in said
suits and proceedings to the next
terms of said courts, respectively, for
trial or such other proceedings therein as if
the original proceedings had begun III said
last named courts; and the clerk OF said dis
trict court at Greensboro shall act as clerk
at said special court at Salisbury; and all
suits and other proceedings, both criminal
and civil, pending at the late term OF the
United States district court for the Cape
Fear district, held at Marion, beginning on
third Monday OF August, eighteen hundred
and seventy-one, and not then finally dis
posed of, shall, with the original papers
therein, be transferred to special term Of
the district court for said western district,
beginning on the third. Monday III
August, eighteen hundred and sew
enty-twO. to be thCn and there
tried, or such other proceedings had
therein as may be meet and proper, accord
ing to the practice of the court and all such
suits and proceedings as shall not then be
finally disposed Of shall be continued on the
docket Of said court, at Ashesille, to tho
next term thereof, and in the meantime all
necessary and proper process shall issue
from said last named court and be return
able thereto. and such proceedings had
therein as If the original proceedings had
begun in said court, and the clerk Of said
court at Asheville shall act as CLERK of said
special court at AsheVille.
SEC. Z. That the passage of this act shall
not have the effect 10 destroy or impair the
by the circuit or district court OF the
United States for the present district OF
North Carolina prior to this act taking ef-
teot; and final process on any judgment or
decree entered III the circuit or district
court of the United States Tor the district OF
North Carolina, 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, respectively, in any
cause or proceedings now pending therein,
except causes or procee dings removed as
herein provided, shall be issued from and
be returnable to the proper court for the
eastern district of North Carolina, 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 North
Carolina
SEC. 8. That there shall be appointed q
district Judge for the said western district
OF North Carolina, who shall receive an an
nual salary Of three thousand five hundred
dollars: and there shall also be appointed a
district attorney OF the United States for
the said western district Of North Carolina,
who shall receive such fees and compeDsa-
ton, and exercise such powers and perform
such duties, as are fixed and enjoined by
law.
SEC. 3. That the circuit aud district
Judges shall appoint three clerks, each OF
whom shall be clerks both of the circuit
and districts courts for said western dis
trict of North Carolina, one. of whom shall
reside and keep his office at Statesvitle, and
| one shall reside and keep his office at Ashe-
Vile and the third of whom shall reside
| and keep his Office at Greensboro, who
shall receive the fees and compensation
| for sevices performed by them now fixed
by law.
district and circuit courts for said western
district of North Carolina is hereby author
lied. under the direction of the district
Judge of said western district, to make a
transcript from any of the records, files, or
papers of the district and circuit courts of
the United State, remaining IN the office of
the clerks of said eastern district, of all
| matters and proceedings which relate to or
concern liens upon or titles to real estate sit
uate in said western district, and TOR that
purpose shall have access to said records in
the office of the said clerks in said eastern
3;s+rin+ an1 sYIch franscPinfs when so made