1911_public laws_34_9
CHAPTER 33 AN ACT TO ESTABLISH AND PROVIDE FOR THE ORGANI- ZATION OF THE COUNTY OF AVERY FROM THE TERRI- TORY OF MITCHELL, WATAUGA, AND CALDWELL COUN- TIES. The General Assembly of North Carolina do enact:
That all civil and criminal cases pending in the Superior Courts of Mitchell, Caldwell, and Watauga counties which would have been properly triable in the county of Avery, if the said county of Avery had existed at the time said cause was instituted or the right of action therein accrued, or where the criminal offense charged was committed in the territory of the said county of Avery, shall, upon motion of any defendant in any criminal case pending or upon motion of any party to civil causes, be transferred to the Superior or other proper court of Avery County. Such motion for removal shall be made at the first term of the court wherein the cause shall be pending, which shall sit or be holden after the first Monday in April, A. D. one thousand nine hundred and eleven, and such transfer shall in no way work any preference or prejudice. It shall be the duty of the clerks of the Superior Courts of Mitchell, Caldwell, and Watauga counties to transmit the original papers in all such cases removed, together with a proper record of all such causes removed, to the Clerk of the Superior Court of Avery County. All actions, causes or proceedings, matters and things pending before the clerk of the Superior Court of the county of Mitchell or the clerk of the Superior Court of Caldwell or the clerk of the Superior Court of the county of Watauga which would have been within the jurisdiction of the Clerk of the Superior Court of Avery County, had the county of Avery existed at the time said cause, proceeding or matter was begun or the right therein accrued, shall upon motion of any party thereto or interested therein be transferred to the county of Avery and to the jurisdiction of the clerk of the Superior Court of said county, to be heard, determined, or proceeded with before him, in all respects as if the said cause, matter, or proceeding had been begun in said county of Avery. Upon such removal, it shall be the duty of the clerk of the Superior Court of the county from which the removal is made to transmit to the clerk of the Superior Court of the county of Avery the original papers in such cause, matter, or proceeding, together with a proper record thereof.