Wilmington daily commercial., 1872-12-10
OFFICIAL.
LAWS or THe UNITED STATES
as,d at the SecOni Session Of the Forty-seooi
IGKNERAL NATURE, No. 1O8. ]


LAWS or THE UNITED STATES
Passed at the SsoOn Session Of the ROrty-ssoond
Congress.
GENERAL NATURv, No. 1881
AN ACT to establish western Judicial district Of
North Carolina.
NJ q ,naeted by The Senats aud House Of pressEta-
,i,es Of the United states Of America IN Congress
ssmbied That that portion NJ the state OF North
arJllna lmprisi1g the c Il OF Meoklenburg,
Sanarraa stanly Mon, gumoiy, Ricninund Dave,
Davidson Rand lph, u ldiord, Rockingham, Stokes,
Forsyth, UnlOn AnsOn, Laswen Person, Alamante,
orange, Chatham, Moore, Clay, On ,kee Swain,
Hsoon jackson. Graham, Haywood Transyv tnia,
Uenderso, Bsncombe. Madison, Yancey, Mitchell,
Waiauga, Ashe, Allegheny, Caldwell, Burke, Nc
a"In ratawsa. Alexander, W likes, Surry, Irede,
Yadkin, and Rowan, and all the territory embraced
I elm which may hereafter b. erected into new
couuties shall here fter constitute new Judicial
district 70 be called the Nester district Of North
Carolina; and the orcu aud district courts 4 the
United states for said western district OF North
ville Ashevilie, and Greensbo-,, within said dis
trict .,-,.,
G nrta Of the United states for said western district
Of North Carolina shall ue held at the following
Times and places Ia each year, TO VIII; AT Greens
boroi beginning on the tfst Monday In April and In
october at Statesvile, beginning on the third Mon
day in April and In October and Asheville, be-
ginning on the nrst Monday In May and in NOvem-
sKc .. That the district Of N0rth Carolina shall
hereafter consist Of the counties not named In this
Carolina and the terms Of the circuit and district
oonrts therein shall be held at the times and places
heretofore appointed and enacted
SKO That he said circuit and district courts
for either Of said districts may, In ther discretion
order SD cal terms hereOf for the trial OF criminal
and civil Issues at tuch times and places as the
court NAV desiffnate in said districts and order a
grand and petit jury, or botn, TO attend the same
BY an order to be entered OF record thlry days be-
fore the daysat which said special tenn shall be
dered 10 convene; and said eOu ts respectively, at
such special terms shall have all the powers tina
they nave ~ .ne Sas no specs Term az ala cr
cult court for either distri shall be app0n ed
cept by and with the concurrence and consent OF
SIC. 1 Thaf all suits and other proceedings of
whatever name or nature, now pending I'm the cir
cult or district court OF the United stat ior the
district OF North CarOana, except a. hereinafter
provided shall be tried and disposed OF In the clr-
cult aud district c'urts respectively LOT said east.
ern District as the same would have Oeen n this act
mad not been passed and for that purpose urisdi c.
tiOn is reserved 70 the said courts In sa1 caste
district aud the erks OF the circuit and district
courts 81 the present district OF North Carolina
return the recOIds and nos OF the said circuit a.
district courts at the places heretofore sppCnted,
and 10 do and peri run all the duties appertainng
q their said Otces rep ctlvey, within tue easeTn
district, except as is hereinafter provided and l
process " ,S Ie NJ SsSt or daTeI e6urt
shall be deemed 10 be retnrnRbe 10 the next term "
said courts, respectively, In the said eastern dis
SIC q, That upon application of any party TO any
suit or proceedings, civil or criminal, now pending
n the esent circuit or district court OF tne Uned
States for the present district OF North Carolina
which would have been commenced In the proper
court for the western district OF North Carolina II
this act had been In force at the time OF It's COM
mencemen, such suit or other proceedings shall ue
removed for further proceedings 10 the proper court
fer said western DISTRICT AID lhereupon the olerk
shall transmit the original papers, and copies OF all
orders made therein, TO the clerk OF the court TO
which said suit proceeding shall he removed for
trial or such her proceedings therein as II the said
salt or proceedings had originally been commenced
therein; the district attorney OF said western s-dl
trict to designate the court 70 which All suits and
llRH wherein the United states IL plantn, snail be
removed, and the plalntln, or his attorney, In all
other suits to des Snate the court to which they
shall be transferrtd but no huit, indictment, or
criminal proceeding, where ball is required OF de-
fendant, shall be transferred until prOper Dali -
given for him TO appear accordingly: frOUded, That
al suits and other proceeding, both criminal and
civil now pending IN the Cape Fear district court
OF the United States at Salisbury, with AL the orig
ina papers therein, shall be transferred for trial OF
such other proceedings as snail be M ct and proper
70 special term OF the district court OF ths UhlItu
States for the said western district OF North caro-
llna to be held al Salisbury, beginning on the sec
ond Monday 10 August, A. ID. eighteen hundred and
seventy Two and all said suits and proceedings n
then fIally disposed OF sh Ill. with the original pa
pers therein, transferred 20 the districts courts
Of said western district az Greensboro or States
WILLIE as the Judge may Ord-r: and all necessary and
proper process shall issue aud be made returnablt
in said suits and proceedings 10 the next terms Of
i'd COURTS respectively for trial OF sucn other pro
oeedings therein as II the original proceedings mao
begun In said last named courts; and the cleik OF
sad district court at Greensboro sha act as cieIA
at sld special court at Salisbury and all suits ant
other proceedings both criminal and CIVIL pending
at the last term OF the United States district couf
ior the Cape Fear district, held at Marion. begin
ming on taird monday OF August, eighteen hundleI
and seventy -One, aud not then finally disposed OF
SHALL with the original papers therein, be transfer
red 10 special term Of tna dist let court Tor sald
western district, TO be held at Asheville North Car
oiina, beginning on the third Monday IN August
eighteen hundred and seventy two, TO be then an'
there tried or sucn other proceedings had therelI
may be meet aLd proper, according 10 the pracllc
OF the court, and all such snlts and proceedings
shall not then be finally disposed OF shall be cOntln
ued on the docket OF said court az AsheVile, 10 III
next term thereof, and In the mean time all neoeh
sAry and process shall issue from the last nam,'
court and be returnable thereto, and such prOcc d
ings had therein az II the original proceedings ha'
begun In said court, and the CLERK OIL SAID court
A,heyiS shall act as clerk Of said special court
SIC I. That the passage Of this act shall not hav
th' thect u deslrUy or impair the neh OF any JIdg
COlrt OF the United states for the present district
North Carolina prior TO this act taking elect an
insl process on any Judgment or decree entered ]
circuit or district court OF the United States for IN
district OF North Carolina, or which snail DO enteTt
thereon prior to THE act taking effect and all othe
pr cess Tor the enforcement OF any order OF Sal
COURTS respectively, In any cause or proceedings Il
InIyed as herein provided, shall be Issued ON an
he returnabe 10 the proper courts for1the easier
dl,rict of North Carolina, and may be direc ed
al executed by the marshal OF the united 5IAtt
r the said eastern district In any part OF the STA
VI North Carolina.
skc :. That there shall be appointed a dlstriS
ldge for the said western district OF North carol
ia who shall receive an annual salary OF thrt
thousand 1ve hundred dollars and there small al
he appoln ed district attorney Of the united 5tau
fr tue said western district OF North Carolina, WI
sla receive such fees and compensation and el
else such powers and perform such dulles, as
Liked and enJsned BY law. ,.,-. ,.-.,,
eEG. o. That the circuit and district Judges sht
appoint three clerks, each OF whom shall Do cl r
buh uf the circuit and district courts for said wes
ern district of North CaIOlina, one OF whom sh
reside and keep his Office at S.atesVllle, anu o.
shall reside and keep his ONCE At Ashevle, and Y
tIiId OF whom shall reside and keep his ONCE
q ee lsboro', who shall receive the fees and cohpe
sdrOl for services performed by them now DAed
law. , -, ,..-
ssc 10. That either Of the clerks Of the distr
nod ryut courts for said western district OF MOI
Ca olina IL hereby authorized, under the dlrectlt
a.. the district Judge OF said western dlstriut
make transcript IRON an OF the records, mes,
pa1ers OF the dis, rict and circuit courts OF the U
ii S ates, remaining In the Ofice OF the clerks
said eastern district OF all mat ers aAd proc ediI
which relate 10 or concern liens upon or Titles
r. / estate situate in said western district, and
Tat purpose shall have access 10 sad records
lr Office OF the aid clerks In said eastern dlstfl
gid such transcripts, when 30 made bJ erher
sid clerks shall be certified TO, TO be true and
rec by the clerk making the same, ana the sar
v non so made and certified, shall be evidence In
courts and places equally with said originals.
Approved, June 4, 1874.
GENERAL NATUHE-N0. 22.l
A. T,rtv NtBnY