The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-10-14
OFFICIAL.
T Avs OF TIE UNITED STATES PASSED
IL AT THE SECOND SESSION OF THE
FORTy-SECOND CONGRESS-.
GENERAL NAruRE-No. 1881

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of North Carolina comprising the counties Of
Mecklenburg, Cabarras, Stanly, Montgomery
Richmond, Dayie, Davidson, Randolph, Guilford,
Rockingham, Stokes, Forsyth, Union, Arson,
Caswell, Person, Aiamance, Orange, Chatham
Moore, Clay, Cherokee, swain, Macon, Jack.
son, Graham, Haywood, Pennsylvania, Hender-
son, Buncombe. Madison, Yancey, Mitchell, Wa
tauga, Ashe, Allegheny, Caldwell, Burke, Nc
lowell, Rutherford, Polk, Cleveland, Castor,
Lincoln, Catawba, Alexander, Wilkes, Surry,
Irsdell, Yadkin, and Rowan, and all territory
embraced therein which may hereafter be erect
ed into new counties, shall hereafter constitute q
new judicial district TO be called the western
district of North Carolina; and the circuit and
district courts of the United States for said west
ern 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 dis
trict 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, beginning 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. 8. That the district of North Carolina
shall hereafter consist of the counties not named
In this act, and shall be called the eastern dis
trict 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 discre-
tion, order special terms thereof for the trial of
criminal and civil issues at such times and places
as the court may designate in said districts, and
ordera grand and apetit 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 special terms shall
have all the powers that they have at the regu-
lar terms appointed by law: Proutded however,
That no spec al term of said circuit court for
either district shall BIS appointed except by and
with the concurrence and consent OF the circuit
judge.
SEC. o. That all suits and other proceedings 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 herein
after 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 pur-
pose Jurisdiction is reserved to the said courts
in said eastern district, and the clerks Of
the circuit ana district courts of the present
district of North Carolina shall return the
records and files of the said circuit and dis.
trict courts at the places heretofore appointed,
and to do and perform all the duties apper-
tanning to their said offices, respectively, with
In the eastern district, except as is hereinafter
provided and all process returnable to, or pro-
ceedings noticed for, any term of t. Q present cir.
cult or district court shall be deemed to be re-
turnable to the next term Of said courts, respee-
lively, in the said eastern district, as fixed by
this act.
SEC. G. That upon application of any party to
any suit or proceedings, civil or criminal, now
pending 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
Car DINA If this act had been in force at the time
of its commencement, such suit or other proceed
ings shall be removed for further proceedings to
the proper court for said western district, and
thereupon the clerk shall transmit the original
papers, and copies of all orders made therein to
the clerk of the court to VIII CHI SAID suit or pro-
ceedtng5 shall be- removed for trial or such other
proceedings therein as if the said suit or proceed
ings had originally been commenced therein
the district attorney OF said western district to
designate the court to which all suits and pro.
ceedings, and indictments and criminal proceed
ings, wherein 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, indict-
ment, or criminal proceeding, where bail is
required of q defendant, shall be transferred
until proper bail Is given for him TO appear &C.
cordingly: Pro Uided, That all suits and other
proceed gs, both criminal and civil. now pend
ing in the Cape Fear district 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 proder to
a special term of the district court of the United
States for said western district of North Caro-.
lima, to be held at Salisbury, beginning on the
second Monday in August, A. ID. eighteen hun
dred and seventy-two, and all said suits and
proceedings, not then finally disposed of shall,
with the original papers therein, be trans
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 c1urts, re- pectiyely, for
trial of such other proceedings therein as II the
original proceedings had begun in said last-named
courts and the clerk of said district court at
Greensboro shall act as clerk at said special
court at Salisbury ; and all suits and other pro-
ceedings, both criminal and civil, pending at the
late term of tho United States district court for
the Capo Fear district, held at Marion, begin
ming on third Monday Of August, eighteen hun
dred and seventy-one, and not then finally dis
nasal of shall yUith tho ,n,, 1900 ..z.
be transferred to a special term of the district
court Tor said western district, to be
held ut Asehville. North Carolina, begin
ming on the third Monday in August,
eighteen hundred and seventy-two, to be then
and there tried, or such other proceedings had
therein as may be meet and proper, according 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 Asheville, to the next term thereof, and in the
mean time all necessary and proper process shall
issue from said last named court and be returna-
BILE 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 Ashe-
vile.
SEC. 7. That the passage of this act shall
not hays the effect TO destroy or impair the
by the circuit or district court of
the United States for the present district of
North Carolina prior to this act taking effect
and final process on any judgment or decree en-
tered 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 eff
feet and all other process for the enforcement of
any order OF said courts, respectively in any cause
or proceedings now pending therein, except
cause, or proceedings removed as herein provid-
cd, shall be issued from and be returnable to the
proper court tor the eastern district of North
Carolina, aud may be directed to and executed
by the marshal of the United States for the said
eastern district, In any part of the State of North
Carolina.
SEC. 8. That there shall be appoined a district
judge for the said western district of North Car
DINA, who shall receive an annual salary of
three thousand five hundred dollars; and there
shall also be appointed a district attorney of the
United Sta es for the saidWestern district of North
Carolina, who shall receive such fees and com
pensation, and exercise such powers and perform
such duties, as are fixed and enjoined by law.
SEC. 8. That the circuit and district Judges
shall appoint three clerks, each of whom shall
be clerks both of the circuit and district courts
for said western district of North Carolina, one
of whom shall reside and keep his Office at
Statesville, and one shall r sido and keep his
Office at Ashyille, and the third of whom shall re-
side and keep his office at Greensboro, who shall
receive the fees and compensation for services
performed by them now fixed by law.
SEC. 10. That either of the clerks OF the district
and circuit courts for the western district of
North Carolina is hereby authorized, under the
direction of the district judge OF said western
district, to make a transcript from any of the
records, files, or papers of the district and cir
cult courts of the United States, remaining In the
office of the clerks OF said eastern district, of all
matters and proceedings which relate to or con
corn liens upon or titles TO real estate situate in
said western district, and for that purpose shall
l hayn aaanca m Said rnanrftSH IN tho = ii - zr 49,