New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-28

Dayie, 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, 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 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 Statesville, 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 Greens boro', begin
ming on the first Monday III April and in
third Monday in April and in October; at
Asheylile, beginning on the first Monday
in May and in November.
SEC. B. That the district of North Caro-
lima shall hereafter consist of the counties
not named in tins 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. t. 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 a petit jury, or both, to attend the
same, by an order to De 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 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
tor that purpose jurisdiction is reserved to
the said courts in said eastern district, and
uiiG ClSAhS VI tLl5 CIIItllJ huu ulSEEIGG 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
6aaO1an TO hp Thtnpna hIp IN tho laS~t+
of said courts, respectively, in the said
eastern district, as fixed by this act
SEC. q. 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-
ceedings 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
all orders made therein, to the clerk of the
court to which said suit or proceedings
shall be removed for trial or such other
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,
III 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 ali suits and other proceed |
ngs, 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 q 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
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 III said
suits and proceedings to the next
terms of said courts, respectively, for
trial OF such other proceedings therein as if
maj proceedings Ildh UtS ll AZ SEllL
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
United States district court for the Cape
Fear district, held at Marion beginning on
third Monday OF August, eighteen hundred
md seyenty-one, and not then finally dis.
posed of, shall, with the original papers
herein, be transferred to a special term of
he district court for said western district,
% be held at Asheville, North Carolina
beginning on the third Monday in
August, eighteen hundred and sew
to be then and there
5ried, or such other proceedings had
therein as may be meet and proper, accord
ng to the practice of the court and all such
inally disposed of shall be continued on the
locket of said court, at Asheville, to the
lext term thereof and in the meantime all
and proper process shall issue
rom safd last named court and be return
tble thereto, and such proceedings had
herein as II the original proceedings had
begun in said court, and the clerk Of said |
special court at Asheville.
SEC. Z. That the passage of this act shall
lot have the effect to destroy or impair the
len OF any judgment or decree rendered
" the circuit or district court of the
United States for the present district of
North Carolina prior to this act taking eff
ect; and final process on any judgment or
lecree entered in the circuit or district
curt of the United States for the district of
North Carolina, or which shall be entered
herein prior to this act taking effect, and
IL other process for the enforcement of any
rider of said courts, respectively, in any
ause or proceedings now pending therein,
Except causes or proceedings removed as