New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-08

DAVE, Davidson, Randolph, Guilfort
Rockingham, Stokes, Forsyth, Union, Al
son, Caswell, Person, Alamance, Orange
Chatham, Moore, Clay, Cherokee, Swair
sylvania, Henderson, Buncombe, Madison
Yancey, Mitchell, Watauga, Ashe, ALE
| ghany, Caldwell, Burke, Mcdowell RI
therford, Polk, Cleveland, CASTOR, Lincoln
| Catawba, Alexander, Wilkes Surry, Iredel
Yadkin, and Rowan, and all territory EN-
| braced therein which may hereafter b.
| erected into new counties, shall hereafte
constitute new judicial district to b,
| called the western district of North Caro-
lima; and the circuit and district courts o
| the United States for said western distric
| of North Carolina shall be held in the
| towns of Statesyille, Asheville, and Greens
| 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 StatesviIle, beginning on the
third Monday in April and in October; at
Asheville, beginning on the first Monday
III 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 NAV, 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 a 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 haYe 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 Tor 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
u,
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
cirpuit Ar district nn11,t obn1I ba
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
courtof 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-
ceedlngs to the proper court for said west
ern district and thereupon the clerk shall
tAe 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
nenced therein; the district attorney of
said western district to designate the court
to which all suits and proceedings, and in
1ictments and crimi al proceedings, where
in the United State is plaintiff, shall be
removed, and the plaintiff or his attorney,
n 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,
a N fra !, 1.
given for him to appear accordingly; |
that all suits and other proceedwE
ngs, both criminal and civil, now pend |
ng in the Cape Fear district court of the |
United States, at Salisbury, with all the |
original papers therein, shall be transferred |
or trial or such other proceedings as shall |
)e meet and proper to a special term OF the |
district court of the United States for said |
western district Of North Carolina to be |
leld at Salisbury beginning on ne second |
Monday in August, A. d. eighteou hundred |
md seventy-tWo; and all said suits and |
not then finally disposed of |
hall, with the original papers therein, be |
transferred to the district courts OF said |
Western district at Greensboro or States
lille, as the judge may order; and all
and proper process shall
ssue and be made returnable in said
uits and proceedings to the next
rial or such other proceedings therein as if
he original proceedings had begun in said
asst named courts; and the clerk Of said dis
riot court at Greensboro shall act as clerk
It said special court at Salisbury; and all
uits and other proceedings, both criminal
nd civil, pending at the late term of the
United States district court for the Cape
FEAR district, held at Marion, beginning on
bird Monday of August eighteen hundred
+r-n oV,1 IL
Osed of, shall, with the original papers
herein, be transferred to special term of
be district court for said western district,
D be held at Asheville, North Carolina,
eginning on the third Monday in
.ugust, eighteen hundred and sew
nty-two, to be then and there
RED, or such other proceedings had
herein as may be meet and proper accord
lg to the practice of the court, and all such
lits and proceedings as shall not then be
nally disposed of shall be continued on the
ocket of said court, at Asheville, to the
ext term thereof, and in the meantime all
ecessary and proper process shall issue
ON said last named court and be return
Bile thereto, and such proceedings had
herein as If the original proceedings had
egun in said court, and the clerk Of said
ourt at Asheville shall act as clenk of said
Decial court at Asheville.
SEC Z. 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 CarOlinaprior 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
lerein prior to this act taking effect, and
| other process for the enforcement of any
der Of said courts, respectively, in any