Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-06-07
AN AYE
To Es,.h,,. nN Al

" LtepFeSeat0LlUeS OF the UniCd states ~
An1er7c0 an Congress dsse7nbEcd, That that
portion OF the State of North Carolina COM
prlslng the counties of Mecklenbrrg, Ca
barrus, Stanly, Montgomery, Richmond,
DAVE, Davidson, Randolph, Guilford,
Rockingham, Stokes, Forsyth, Union. An
son, CasWell, Person, Alamance, Orange,
| Chatham, Moore, Clay, Cherokee, Swain,
Macon, jackson, Graham, Haywood, Tran
| sylvania, Henderson. Buncombe, Madison,
Yancey, Mitchell, Watauga, Ashe, Ale
| ghany, Caldwell, Burke, Mcdowell, Ruth
erford, Polk, Cleveland, CASTOR, Lincoln,
| CataWba, Alexander, Wilkes, Surry, Ire
dell, 4adkin and Rowan, and all territory
embraced therein which may hereafter be
erected into new counties, shall hereafter
: constitute new judicial district, to be call
Ell the western district Of North Carolina
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, Asheville,. and Greensboro,
within said district.
| Sec. 2. That two terms the circuit and
districts 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
Asheville, beginning on the first Monday in
May and IN November.
Sec. 3. 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 may de-
signate 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 spc-
cial terms shall have all the powers that
they have at the regular terms appointed
by law: PJOridcd, hO1Uercr, That no spc-
cial term of said circuit court for either
district shall be appointed except by and
with the concurrence and consent Of the
circuit judge.
Sec. ). That all suits and other proceed
lngS 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 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 amC
for that purpose jurisdiction is reserved tC
the said courts i'll said eastern district, an'
the clerks Of the circuit and district courts
of the present district Of North Caroline
l shall return the records and files Of the
said circuit and district courts at the ace.
1 heretofore appointed, and to do and per
, form all the duties appertaining to theiI
sad offices, respectively, within the eastern
Il district, except rs is hereinafter provided
: and all process returnablc 10, or proceed
e ings noticed for, any term Ct the presen
: circuit or district court shall be deemed t.
t be returnable to the next term Of sale
courts, respectively, III the said eastern dis
trict, as fixed by this act.
; Sec. q. That upon application Of any
"a party to any suit or proceedings, civil d
: criminal, now pending in the present cir
f cult or district cOuu Of the United State
a for the present district Of North Carolina
which should have been commenced in tht
proper court for the western district 0
: North Carolina if this 1T had been il
. force at the time of its commencement
:. such suit or other proceedings shall be re
= moved for further proceedings to the pro
per court for said western district, anC
thereupon the clerk shall transmit the
t made therein, to the clerk Of the court L
which said suit or proceedings shall be re
e moved for trial or such other proceedings
: therein as if the said suit or proceeding!
Z, had originally been commenced therein
I the district attorney OF said western dis
d trict to designate the court to which al
suits and proceedings, and indictments anC
t criminal proceedings, wherein the United
/ States is plaintiff, shall be removed, ant
| q N IA
= suits to designate the court to which thel
}. shall be transferred; but no suit, indict
II ment, or criminal proceeding, where bal
is required of a defendant, shall be trans
; terred until proper bail is given for him Il
r appear accordingly: PrOUidcd, That al
i, suits and other proceedings, both crimina
II and civil, now pending i'll the Cape Fea
a district court OF the United States, at Sails
= bury, with all the original papers therein
# shall be transferred for trial or such othe
= proceedings as shall be meet and prope
to a special term Of the district OF tn
United States, for said western district c
y North Carolina, to be held at Salisbury
y beginning on the second Monday in August
- A. ID. eighteen hundred and seventy
l, two; and all said suits and pre-
o ceedings not then finally disposed Of shall
- with the original papers therein, be trans
= ferred to the distract courts Of said western
= judge may order; and all necessary an,
e proper process shall issue and be made re
II turnable in said suits proceedings 10th
next terms of said courts, respectively, TO
. trial or such other proceedings therein q
= if the original proceedings had begun il
. said last named courts; and the clerk O
- said district court at Greensboro shall &C
i as clerk at said special court at Salisbury
u and all suits and other proceedings, boil
10 criminal and civil, pending at the late tern
= of the United States district court for Tia
= Cape Fear district, held at Marion, begin
> ming on the third Monday OF August
u eighteen hundred and seVenty-onc, and no
= then finally disposed of, shall, with tn
.! original papers therein, be transferred To
l. special term OF the district court for sal
: western district, to be held at AshcvilC
II North Carolina, beginning on the thir
g Monday i'll August, eighteen hundred am
= Seyenty-tWO, to be then and there tried, 0
- such other proceedings hal therein as ma,
be meet and proper, according to the prac
tice Of the court, and all such suits ant
: proceedings as shall not then be finally dis
-, posed of shall be continued on the docke
- of said court, at ASheville, to the next tern
thereof, ard in the meantime all necessary
> and proper process shall issue from sale
last named court and be returnable thereto
and such proceedings had therein, as if Tn,
y original proceedings had begun in said court
. and the clerk Of said court at AsheyilI1
u shall act as clerk Of said special court a
u Ashevile.
> Sec. 7, That tho passage of this act shal
not have the effect to destroy or impair til,
- lien of any judgment or decree RENDERED
= by the circuit or district court OF the Unitet
States for the present district of Nortl