New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-03


Chatham, Moore, Clay, Cherokee, Swain
Macon, Jackson, Graham, Haywood, Tran
sylvanla, Henderson,, Buneombe, Madison,
Yancey, Mitchell, Watauga, Ashe, Ale
ghany, Caldwell, Burke, Mcdowell, Ru-
therford, Polk, Cleveland, CASTOR, Lincoln,
Catawba, Alexander, Wilkes, Surry, Iredell,
Yadkin, and Rowan, and all territory EN-
braced therein which may hereafter be
erected into new counties, shall hereafter
constitute new judicial district to be
called the western district of North Caro-
lima; and the circuit and district courts of
the United States for said western district
of North Carolina shall be held in the
| towns of Statesville, Asheyille and Green's
| boro', within said district.
Sec. 2. That two terms of the circuit and
district courts of the United States for said
western district of North Carolina shall be
held at the following times and places in
| each year, to wit: At Greensboro, begin
ming on the first Monday in April and in
| October; at Statesville, beginning on the
third Monday in April and in October; at
| Ashegille, beginning on the first Monday
in May and in November.
SEC. g. That the district of North Caro-
lima shall hereafter consist of the counties
not named in this act. and shall be called
| the eastern district of North Carolina, and
the terms OF the circuit and district courts
therein. shall be held at the times and places
heretofore appointed and enacted.
SEC. 4. That the said circuit and district
courts for either of said districts may, in
their discretion, order special terms thereof
for the trial of criminal and civil issues at
such times and places as the court NAV des-
Ignate IN said districts, and order grand
and petit jury, or both, to attend the
same, by an order to be entered of record
thirty days before the day at which said
special term shall be ordered to convene;
and said courts, respectively, at such spe-
cial 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 in the circuit or district court of
the United States for the district of North
Carolina, except as hereinafter provided,
shall Ue 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
tor that purpose Jurisdiction is reserved to
the said courts in 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
Sdlu CIICuIJ dHl ulSUF1CG 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.
NEG. b. ihAT 9nnIipafinn nf
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-
ceedlngs tn the proper court for said west |
ern distriGt, and thereupon the clerk shall |
transmit the original papers, and copies of
all orders made therein, to the clerk of the |
court to which said suit or proceedings |
shall be removed for trial or such other
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 crimi t,sl proceedings where
in the United State is plaintiff, shall be !
removed, and the piaintitf, 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 a 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
TniF aI fate Of Eo1
original papers therein, shall be transferred
for trial or such other proceedings as shall
be meet and proper to special term of the
district court of the United States for. said
western district of North Carolina, to be
held at Salisbury, beginning on he 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 in said
last named courts; and the clerk of said dis
triet 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 a special term of /
The district court for said western district. !
10 be held at Asheville, North Carolina. |
on the third Monday in :
August, eighteen hundred and sew +
,nty-two, to be then and there :
ried, or such other proceedings had :
herein as may be meet and proper, accord I
ng to the practice of the court and all such =
uits and proceedings as shall not then be
inally disposed Of shall be continued on the ,
locket of said court, at Asheville, to the +
lext term thereof, and in the meantime all .
necessary and proper process shall issue !
rom said last named court and be return J
bile thereto, and such proceedings had a
herein as # the original proceedings had !
Begun in said court, and the clerk Of said +
curt at AsheVille shall act as clerk of said :
pecial court at Asheville.
SEC. Z. That the passage of this act shall n
ot have the effect to destroy or impair the !
len of any judgment or decree rendered :
y the circuit or district court of the !
United States for the present district of q
forth Carolina prior to this act taking eff
ect; and final process on any Judgment or n
ecree entered in the circuit or district i
curt of the United States for the district of r
forth Carolina or which shall be entered a
herein prior to this act taking effect, and a
Ii other process for the enforcement of any h
rider OF said courts, respectively, in any
ause or proceedings now pending therein,
xcept causes or proceedings removed as
Ia II