United States Statutes at Large/Volume 2/12th Congress/1st Session/Chapter 17
Chap. XVII.—An Act to alter the time of holding the District Courts of the United States, for the North Carolina district.
Act of March 9, 1808, ch. 29.
Sessions of the court changed.
1826, ch. 129.
1828, ch. 16.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That instead of the time heretofore established by law for the sessions of the district courts of the United States, in the North Carolina district, the said courts shall hereafter commence and be holden on the following days in each year, that is to say: At Edenton in and for the district of Albemarle, on the third Monday of April, and third Monday of October; at Newbern, in and for the district of Pamptico, on the first Monday after the third Monday of April, and third Monday of October; at Wilmington, in and for the district of Cape Fear, on the second Monday after the third Monday of April, and third Monday of October, any thing contained in any former act or acts to the contrary notwithstanding.Process, &c. to be returnable, &c. &c. accordingly. And all actions, suits, process, pleadings, recognizances, and all other proceedings of what nature or kind soever, civil or criminal, commenced or to be commenced, and made returnable to any of the said courts, in the month of February next, shall be continued respectively, and shall be returned to, and have day in the term of said courts next to be holden by virtue of this act, and the same proceedings shall be had thereon, with the same effect and power, they would have had if this alteration had not been made.
Marshal may adjourn the court upon the non-attendance of the judge, the two first days.Sec. 2. And be it further enacted, That if the judge of the district courts aforesaid should fail to attend on the first day of the term of any of the said courts, respectively, it shall and may be lawful for the marshal of the district, and he is hereby authorized to adjourn the said court or courts, until the next succeeding day, and if the said judge does not attend before the expiration of the second day of the term of the said court or courts, respectively, it shall and may be lawful for the marshal aforesaid to adjourn the said court or courts to the term next in course, any thing in any former act or acts to the contrary notwithstanding.
Approved, January 23, 1812.