Vermont farmer. [volume] (Newport, Orleans County, Vt.) 1870-1877, 1873-04-04

as the same would have been II this act had
not been passed and for that purpose iuris-
diction is reserved 10 the said courts M said
eastern district, aud 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 10 do and
perform all the duties appertainng to their
said offices, respectively, within the eastern
district, except rs Is hereinafter provided and
all process returnable to, or proceedings mo-
ticed for, any term of the present circuit OF
district court shall be deemed to be return
able TO the next term of said courts, respect
lively, in the said eastern district ms fixed by
this act
SEC. Q. That upon application of any party
10 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 Carolina If this act
had been in force mt the time OF its COM
nencement, such suit or other proceedings
shall be removed for further proceedings to
the proper court for said western district,
and theroupon the clerk shall transmit the
original papers, and copies of ali orders
made therein, to the clerk OF the court TO
which said suit or proceedings shall be re-
moved Tor trial or such other proceedings
therein rs II the said suit or proceedings had
trict attorney of said western district to des
ignate the court 10 which all suits and pro-
ceediugs, aud indictments and criminal pro-
ceedings, wherein the United States is plain.
tiff, shall he removed, and the plaintiff, or
his attorney, in all other suite to designate
the court 10 which they shall be transferred;
but no suit, indictment, or criminal proceed
ing, where bail is required of defendant,
shall be transferred until proper bail is given
Tor HIM to appear accordingly Provided,
That all suits and other proceedings, both
criminal and civil, now pending in the Cape
Fear district court OF the United States, ut
Salisbury, with all the original papers therein,
| shall he transferred for trial or such other
proceedings rs shall be meet and proper 10 u
special term Of the district court Of the United
States Tor said western district of North
Carolina, to be held ut Salisbury, beginning
ON the second Monday in August, A. ID.
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
otatesville, Us the judge may order; and all
| necessary aud proper process shall issue and
be made rcturnabe in said suits and pro-
ceedings to the next terms of sand courts,
respectively, for trial or such other proceed
lngs therein Us If the original proceedns had
| begun IN said last-named court; and the
| clerk of said district court at Greensboro
shall act rs clerk at said special court at
| salisbury; aud all suits and other proceed
| ings, both Criminal and civil, pending ut the
late term of the United States district court
for the Cape Fear district, held at Marion,
| beginning ON thid Monday of August, eigh-
teen hundred and seventy-one, and not then
finally disposed of, shall, with the original
papers therein, be transferred to II special
| term OF the distIict court for said western
| district TO he held ut Ashevile, North Car
DINA, beginning on the third Monday in Au-
gust, eighteen hundred and seventy-two, to
be then and there tried, or such other pro-
| ceedlngs had therein rs 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 con-
| tinued ON the docket of SAID court, ut Ashe.
vile, to the next term thereof and in the
mean time all necessary and proper process
shall issue from said last-named court and he
returnable thereto, and such proceedings had
therein as ifthe original proceedings had be-
gun in said court, and the clerk Of said court
at Ashevilu shall act rs clerk of said special
| court at ASheville.
SEC. 7. That the passage of this act shall
not have the effect to destroy or impair the
lien Of any judgment or decree rendered by
the circuit or district court Ot the Unit
ed States for the present district of
North Carolina prior to this act taking effect and anal
process ON any Judgement or decree entered in the
district of North Carolina, which shall be entered
therein prior to this act taxing effect and all other
process for the enfOrcem mt Of any order Of said courts
respectively In cause OF proceedings now pending
therein, except proceedings removed as here
In provided, shall he issued from and be returnabe
~ the proper court for the eastern district Of North
Carolina aud may be directed ~ and executed by the
marshal Of tho United States for the said eastern
district, in any part OF the state Of North Carolina.
| SEC. g. That there shall be appointed district
judge for the said western district Of North Carolina
who shall receive annual salary Of tn ee thousand
five hundred dollars AMI there shall also be appointed
district attorny of the United States for the said west
ern district of North rOlina, who shall receive such
fees and compensation aud exercise such powers and
perform such iutes, as fixed and onjoined by law
SEC. y That tho circuit district judges shall appoint
clerks each Of whom shall he clerks both Of the circuit
and district for said western district of North
Carolina, Of whom shall reside aud keep his oillc'
at statewide and shall reside and keep his Office
at Ashevlle, aud the third " whom shall reside and
keep his Office at Greensboro, who shall receive the
fees and oompens ItOn for services performed by then
now fixed by law.
SEC TO- That either Of the clerks Of the district and
circuit cou It's for said western district North Caronr
hereby authorized, under the direction ofthe district
Judge Of said western district, to make transcript
from any OF the records, files, papers of the district
aud circuit courts Of the United States, remaining II
the Office Of the clerks said eastern district Of all
matters aud proceedings which relate 10 or concern
liens upon titles 10 real estate situate IN said west
district and for that purpose shall have access
said records In the office Of the said clerks in said east
district and such transcripts, when - made BY
either of said clerks shall be certified TO- 20 he true
when go made aud certified, shall be evidence in al
courts and places equally with said originals.
Approved June l. ls72