New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-13
GENERAL NArURE-No. 1887

AN act to establish western judicial dis
trict of North Carolina.
Be it enacted by the Senate and House of
Representatives Of the United States Of
America in Congress assembled, That that
portion Of the State Of North Carolina com
prising the counties of Mecklenburg, Ca
barras, Stanly, Montgomery, Richmond,
Davie, Davidson, Randolph, Guilford
Rockingham, Stokes, Forsyth, Union, An
son, CaswelI, 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, Ru-
therford, Polk, Cleveland, CASTOR, Lincoln,
Catawba, Alexander, Wilkes, Surry, IredelI,
Eadkiu, and Rowan, and all territory en-
braced therein which may hereafter be
erected into new counties, shall hereafter
constitute a 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 Statesyille, Asheville, 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
AsheviIle, 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 circuiE 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 des-
ignate in said districts, and order grand
and a 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, |
and district courts, respectively, for said |
eastern district, as the same would have !
been il this act had not been passed; and |
tor that purpose jurisdiction is reserved to |
the said courts in said eastern district, and I
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. 6. 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
it's commencement, such suit or other pro-
eeedings 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
GIL oluCLS LldAuU tuct64nb W inc ClGTk OF Un6 |
court to which said suit or proceedings
shall be removed for trial or such other
proceedings therein as if the said suit or
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
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 defendant,
shall be transferred until proper bail is
given for him to appear accordingly;
that all suits and other proceed
ngs, both criminal and civil, now pend
ng in the Cape Fear district court of the
United States, at Salisbury, with all the
original papers therein, shall be transferred
or trial or such other proceedings as shall
oe meet and proper toa special term Of the
district court of the United States for said
western district of North Carolina, to be
leld at Salisbury, beginning on the second
ionday tn August, A. D. eighteen hundred