New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-04

Davie, Davidson, Randolph, Guilford
Rockingham, Stokes, Forsyth, Union, An
son, CasweII, Person, Alamanee, Orange
Chatham, Moore, Clay, Cherokee, Swain
Macon, Jackson, Graham, Haywood, Tran
sylvania, Henderson, Buncombe, Madison,
Yancey, Mitchell, Watauga, Ashe, Allie
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 III
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. 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. a. That the said circuit and district
courts for either of said districts may, in
their discretion, order special terms thereof
tor 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 petit jury, or both, to attend the
same, by an order to be entered eff 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 be tried and disposed of in the circuit
ana 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
INC Saul courts LII SdIu GhSJSGu ulSbT1cV, ana
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
L
deemed to be returnable to the next term
of said courts, respectively, in the said
eastern district, as fixed by this act.
SEC. 3. 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
its commencement, such suit or other pro-
ceedings shall be removed for further pro
ceedings to the proper court for said west
ern district and thereup0n 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 criminal proceedings, where
in the United States 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 defendant,
shall be transferred until proper bail is
given for him to appear accordingly:
provided, that ali suits and other proceed
ings, both criminal and civil, now pend
ing III 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 a 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 seyenty-two; and all said suits and
not then finally disposed Sf
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 |
asst named courts; and the clerk of said dis |
-rict court at Greensboro shall act as clerk |
1t said special court at Salisbury; and all !
suits and other proceedings, both criminal /
and civil, pending at the late term of the |
nited States district court for the Cape |
Fear district, held at Marion, beginning on
bird Monday of August, eighteen hundred
md seventy-one, and not then finally dis.
posed of, shall, with the original papers
herein, be transferred to special term of
he district court for said western district,
o 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
ng to the practice Of the court and all such
ults and proceedings as shall not then be
nally disposed of shall be continued on the
ocket of said court, at Asheyille to the
ext term thereof, and in the meantime all
ecessary and proper process shall issue
rom said last named court and be return
bic thereto, and such proceedings had .
herein as II the original proceedings had
egun in said court, and the clerk of said
curt at Asheville shall act as clerk of said
pecial court at Asheville
SEC. 7. That the passage of this act shall
OF have the effect to destroy or impair the
en- Of any judgment or decree rendered
y the circuit or district court of the
nited States for the present district of
orth Carolina prior to this act taking eff
,ct; and final process on any judgment or
ecree entered in the circuit or district
,urt of the United States for the district of
orth Carolina, or which shall be entered :
herein prior to this act taking effect, and :
i other process for the enforcement of any !
der of said courts, respectively, in any