New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-25

Rockingham, Stokes, Forsyth, Union, An
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 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, Ashevile, and Green's
| bor0' 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
Asheville, 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 f. 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-
ignate 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-
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
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.
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
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 thereupon the clerk shall
transmit II 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
~ WHICH dll 5llIL5 duti piOGCCulLSSJ hItl III
dictments and crimi Il 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 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
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
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 Asheville North Carolina,
beginning on 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 Ashevile shall act as clerk of said
special court at Asheville.
SEC. z. That the passage OF this act shall
not have the effect to destroy OF 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 ef-
feet; and final process on any Judgment OF
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