New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-26

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, Ru.
therford, Polk Cleveland, CASTOR, Lincoln,
Catawba, Alexander, Wilkes, Surry, IredelI,
Yadkin, 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
| AsheyilLe, 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 des-
| lgnate 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-
clal 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
1ngs 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; and
for 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
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 l.
SEC. +. That upon application of
nou+rr To ooo1
ingse 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- |
ceedngs shah be removed for further pre-
ceedings to the proper court for said west
ern district. aud thereupon the clerk shall |
transmit I 9 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 Il proceedings, where |
in the United State 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 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 |
United States, at Salisbury, with all the
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 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 |
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 |
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 a special term of
the district court for said western district,
to be held at AshevilIe, North Carolina, |
beginning Oh the third Monday in
August, eighteen hundred and sew
enty-two, to be then 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 AsheYille, to the |
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 L That the passage of this act shall
not have the effect to destroy or impair the
lien of any judgment or decree rendered
by the circuit or district court of the
United States for the present district of
North Carolina prior to this act taking eff
feet; and final process on any judgment or
decree entered in the circuit or district
court of the United States for 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 proceedings removed as |
herein provided, shall be issued from and |
H. I'm