Page:United States Statutes at Large Volume 16.djvu/437

 FORTY-FIRST CONGRESS. Sess. III. ·Ch. 35. 1871. 408 CHAP. XXXV.-—An Ad to divide the Sam q/‘ Wiryfnia into cwojudidal  Feb. s, 1871. Be it enacted by the Senate and House of Representatives of the United States of America in Uongresc assembled, That the counties of Albemarle, Western judi- Allegheny, Amherst, Appomatox, A[u]gusta, Bath, Bedford, Bland, °l!*l dl‘?*"i°*°' Botetou[r]t, Buchanan, Buckingham, Campbell, Carroll, Charlotte, vilgrggmndod Clarke, Craig, Cumberland, Floyd, Franklin, Frederick, Fluvanna, Giles, iiol. xvii. p. 8.j Grayson, Green, Halifax, Henry, Highland, Lee, Madison, Montgomery, Nelson, Patrick, Page, Pulaski, Pittsylvania, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Smyth, Shenandoah, Tazewell, Washington, Wise, Wythe, and Warren, of the State of Virginia, shall hereafter constitute a new judicial district of the United States, and be called the western district of Virginia; and the circuit and district courts Places ofholdof the United States for said western district of Virginia shall be held at E"! °¤“"·5 '·h°*'°‘ Lynchburg, Danville, Abingdon, and Harrisonburg, within said district. m' Sec. 2. And be it further enacted, That a term of the circuit and dis- Terms qtcirtrict court of the United States for said western district shall be held at gg;j,;=_¤d d'""°t Danville, on the first Monday of March and September; at Lynchburg, i on the second Monday of March and September; at Abingdon, on the third Monday of March and September; and at Harrisonburg, on the Wednesday after the fourth Monday of March and September, in each ear. y Sec. 3. And be it further enacted, That the district of Virginia shall _Eastern judihereafter consist of the counties of said State not named in this act, and  £l"5*'*°* °f shall be called the eastern district of Virginia; and circuit and district 1mm` courts of the United States shall be held in said eastern district, as follows: At the'city of Richmond on the first Monday of April and October, Times and _ and at the city of Alexandria on the first Monday of January and on the gym: °fh°m“‘€ first Monday of July, and at Norfolk on the first Monday of May and first ` Monday of November, in each year. Sim. 4. And be it further enacted, That the said circuit or district Special terms court for either of said districts may, in its discretion, order special terms, and order a grand or petit jury, or both, to attend the same, by an order how 0,-d,md_ ' to be entered of record twenty days before the day at which said special J¤ri¤¤· term shall be ordered to convene; and said courts respectively at such Powers of special terms shall have all the powers that they have at a regular term °°“’*$· appointed by law: Provided, however, That no special term of said circuit Nospsciai _ court for either district shall be appointed except by and with the concur- ;‘;‘£_‘t°w§l;`:§;t rence and consent of the circuit judge. &.c. i Src. 5. And be it further enacted, That all suits and other proceedings, Provision for of whatsoever name or nature, now pending in the circuit or district court P°¤di¤S P'*’°°°S¤· of the United States for the district of Virginia, 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 the said eastern district; and the clerks of the circuit and district courts of the Egfr; d present district of Virginia shall retain the records and tiles of the said mw "' circuit and district courts, at the city of Richmond, and do and perform all the duties appertaining to the said offices, respectively, within the eastern district, except as is hereinafter provided; and all process rc- R°*¤*'¤ °*`P*`°· turnable 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 ect. Sec. 6. And be it further enacted, That upon application of any party Reinovalof to any suit or proceeding now pending in `the present circuit or district gvzlgégg courts of the United States, for the present district of Virginia, which v01_ uy_ P_3_ should have been commenced in the proper court for the western district if this act had been in force at the time of the commencement thereof the proper court shall order that the same be removed for further proceedings to the proper court for said western district; and thereupon the