1838. where the defendant resides, defendant, and resides; but if there be more than one defendant, and they reside in different districts, the plaintiff may sue in either, and &c. If there be sent a duplicate writ against the defendant, directed to the more than one marshal of the other district, on which the plaintiff or his atthey shall reside torney shall endorse that the writ thus sent is a copy of a writ the plaintiff may sued out of the district court of the proper district; and the sue in either, &c. said writs, when executed and returned into the office from which they issued shall constitute one suit, and be proceeded in accordingly. in different dists., point a clerk for --his duties, fees, &c. The judge of SEC. 5. And be it further enacted, That the judge of the Baid courts to ap said courts shall appoint a clerk of the district court of the the northern dist. northern district, who shall reside and keep his office, and the records and documents appertaining thereto, at the place of holding said courts; said clerk shall be entitled to the same fees allowed by law to the clerk of the other district of the State of Mississippi, perform the like duties, and be subject to the same liabilities and penalties. A marshal and dist. atty, to be northern dist. liabilities. SEC. 6. And be it further enacted, That a marshal and disappointed for the trict attorney shall be appointed in the northern district of the their duties and State aforesaid, having the same duties and liabilities, in all respects, as are now possessed by the marshal and district attorney, respectively, in the State of Mississippi; and the said The marshal to marshal is hereby required to give the same bonds that other Bonds as are re- marshals are required to give under the laws of the United quired by law of States, to be approved of and recorded as now directed by law SEC. 7. And be it further enacted, That the marshal and dist. atty. of the district attorney for the northern district, shall have the same have the same salaries, fees and compensation, as are allowed and paid to the salaries, &c. as other marshal and district attorney for the State of Mississippi, give the same the other mar shals. Marshal and northern dist. to the other mar. shal and dist. atty. of Miss. under the laws of the United States. Approved, June 18th, 1838. President to ern boundary line of Iowa, CHAP. 116. An ACT to authorize the President of the United States to cause the southern boundary line of the Territory of Iowa to be ascertained and marked. [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress as sembled, That the President of the United States be, and he is cause the south hereby, authorized to cause to be surveyed, ascertained and distinctly marked, the southern boundary line of the Territory from Missouri to of Iowa, west of the Mississippi river, which divides said Ter ritory from the State of Missouri; and that, for that purpose he redent to shall appoint a commissioner on the part of the United States, sioner to act with who (with the aid of such surveyor or surveyors as may necessary) shall unite or act in conjunction with a commissioner running, &c. the to be appointed by the State of Missouri and a commissioner which divides it be ascertained and marked. point a commis one from Mis souri and one from Iowa, in line. be to be appointed by the Governor of the Territory of Iowa, in running, marking, and ascertaining said boundary line; and that it shall be the duty of the commissioner so to be appointed by the President as aforesaid, after he shall have ascertained, run, and marked said boundary line, to make three maps of 1838. President of the line, &c. plats thereof, with a description or survey-bill thereof appended to each map or plat; one of which shall be returned to the Commissioner office of Secretary of State for the United States, one to the appointed by the office of Secretary of State for the State of Missouri, and one to make three maps the Secretary of the Territory of Iowa, and the said commissioner on the part of the United States shall also make a full report of his proceedings in the premises to the Secretary of State for the United States. run, &c. accord of 6th March 1820, and 7th June 1836. SEC. 2. And be it further enacted, That the said boundary Said line to be line shall be run or surveyed, ascertained, and marked in all ing to the provirespects according to, and in pursuance of the provisions of sins of the acts the following acts, wherein the said boundary line is defined and described, to wit: an act of Congress of the sixth March, eighteen hundred and twenty, entitled "An act to authorize the people of Missouri Territory to form a constitution and State Government and for the admission of such State into the Union on an equal footing with the original States, and to prohibit slavery in certain Territories ;" and an act of the seventh June, eighteen hundred and thirty-six, entitled "An act to ex5 tend the western boundary of the State of Missouri to the Missouri river:" Provided however, That if either or both Proviso of said commissioners to be appointed on the part of the State of Missouri and Territory of Iowa should fail to attend to the aforesaid duty, after reasonable notice by the commissioner on the part of the United States, or if the State of Missouri, or Governor of Iowa, or either of them should fail to appoint such commissioner on their part, respectively, after reasonable notice from the President of the United States, then, and in that case, the commissioner appointed on the part of the United States, shall proceed to execute the duties enjoined by this act with either of said commissioners who may attend, or without the attendance of either or both of said commissioners, as the case may be. The line shall not be deemed to blished and rati SEC. 3. And be it further enacted, That the line to be so run ascertained, and marked, shall not be deemed to be finally esta- be finally esta blished and ratified by the United States, until the map or plat, fed by the U.S., and description aforesaid, and also the said report of the com- until, &c. missioner shall be submitted to, and the boundary, as thus ascertained and marked, approved of and ratified by the Congress of the United States. priated for carry. SEC. 4. And be it further enacted, That, for the purpose of $4,000 approcarrying into effect the provisions of this act, the sum of four ing this act into thousand dollars, be, and the same is hereby, appropriated, out' of any money in the Treasury not otherwise appropriated. Approved, June 18th, 1838. effect CHAP. 117. An ACT making an appropriation for completing the public buildings in Wisconsin. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress as 1838. priated for Wisconsin sembled, That the sum of twenty thousand dollars be, and the $20,000 appro- same is hereby, granted and appropriated, out of any unappleting the pub-propriated money in the Treasury, to defray the expenses of lic buildings in completing the public buildings in the Territory of Wisconsin, which are now commenced and partially completed; which said sum, or so much thereof as may be necessary for that purTo be expend. pose, shall be expended according to the act of the Legislative an act of the Le. Assembly of Wisconsin, entitled "An act to establish the seat gislative Assem- of Government of the Territory of Wisconsin, and to provide Ely of Wisconsin, December 30, for the erection of public buildings," approved December thirty, eighteen hundred and thirty-six: Provided, That the commissioners elected in pursuance of the third section of said act, shall cause the said money to be so expended as to accomplish the completion or finishing of said buildings without further expense to the United States. ed according to 1636. Proviso Approved, June 18th, 1838. A dist. court U. S. established in the western dist. of Tennes see. CHAP. 118. An ACT to require the judge of the district courts of East and West [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as sembled, That a district court of the United States be, and the same is hereby, established in the western district of the State of Tennessee, for the counties of Benton, Carroll, Henry, Obion, Dyer, Gibson, Lauderdale, Haywood, Tipton, Shelby, Fayette, Hardeman, McNairy, Hardin, and Perry; and that the said To be holden court be holden annually on the third Monday in September, third Monday in at the town of Jackson, in the county of Madison, in said Sept. at Jackson. State. annually on the Invested with tion now exercis SEC. 2. And be it further enacted, That the said district all the jurisdic court shall be invested with, and exercise, all and every spe ed by the dist. cies of jurisdiction now exercised by the district courts of East W. Tennessee. and West Tennessee. courts of E. and To be holden by the judge of SEC. 3. And be it further enacted, That the said court shall the dist. courts of be holden by the judge of the said district courts of East and E. and W. Ten- West Tennessee. nessee. Invested with the exercise of vil cases now ex SEC. 4. And be it further enacted, That in addition to the concurrent juris jurisdiction hereby invested in said court, it be invested with diction in all ci. the exercise of concurrent jurisdiction in all civil cases now ercised by the U. exercised by the circuit courts of the United States; and that 8. circuit courts. in all cases where said court shall exercise such jurisdiction, Appeals may be appeals may be taken from the judgments, orders, or decrees taken to the D. S. of said court to the Supreme Court of the United States, in the same manner, and upon the same conditions, as appeals may be taken from the circuit courts. Supreme Court. Judge to appoint a clerk. SEC. 5. And be it further enacted, That at the first term of said court, the judge thereof shall appoint a clerk, in manner, and upon such conditions, as like officers are required by law to be appointed for the said district courts of East and West Duties of the Tennessee; and that the said clerk perform such duties in re clerk. 1838. gard to the proceedings, orders, judgments, and decrees of said court, as are required by law to be performed by the same officers in the said district courts of East and West Tennessee. SEC. 6. And be it further enacted, That all laws now in Laws regulatforce regulating the emanation, execution, and return of the ing the emanaprocess of said district courts of East and West Tennessee dist. courts of E. shall, in all things, regulate the emanation, execution, and re- shall regulate the turn of process in the said district court. tion, &c. of the and W. Tenn. o'clock on the 3d stand adjourned a regular term of SEC. 7. And be it further enacted, That if from any cause judge fail to open the judge of said court shall fail to attend and open court on the court by four the first day thereof, then, and in that case, the said court shall day, it shall stand adjourned from day to day, until four o'clock of the to the next term. third; and in case he shall fail to attend and open said court by that time, the said court shall stand adjourned until the first day of the next term. SEC. 8. And be it further enacted, That in case the judge In case the of said court, from any cause, shall fail to hold a regular term judge fail to hold of said court, it shall be his duty, if in his opinion the busi- the court, he ness in said court shall require, to hold an intermediate term of opinion, the busaid court, at such time as he shall, by his order, under his hand and seal, direct, addressed to the clerk and marshal of said court, at least thirty days previous to the commencement of said term, and to be published in the several newspapers published in the bounds of said district the same length of time. SEC. 9. And be it further enacted, That the clerk of said Clerks' fees. court shall be entitled to receive such fees and emoluments for his services as are now allowed by law for like services to the clerks of said district courts of East and West Tennessee. shall, if in his siness of the court require it, hold an interme diate term, &c. SEC. 10. And be it further enacted, That a marshal shall A marshal to be appointedbe appointed for said court, whose duty it shall be to execute his duties, salary, all orders, judgments, and decrees of said court now authorized and fees. by law, and that he receive for his services the sum of two hundred dollars, to be paid out of the public Treasury; and that he be allowed the same fees as are allowed for the same services in the courts of East and West Tennessee. SEC. 11. And be it further enacted, That a district attorney of the United States be appointed for said court who shall receive in addition to the usual fees of office, the sum of two hundred dollars annually, to be paid out of the public Treasury of the United States. Approved, June 18th, 1838. A district atinte hap shall receive addition to the pointed, who $200 annually, in usual fees. CHAP. 119. An ACT to grant pre-emption rights to settlers on the public lands. [SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That every actual settler of the public lands, being Qualifications the head of a family, or over twenty-one years of age, who title settlers to was in possession and a housekeeper, by personal residence the benefits and thereon, at the time of the passage of this act, and for four 29th May 1830. months next preceding, shall be entitled to all the benefits and necessary to en privileges of act 1838. privileges of an act entitled "An act to grant pre-emption Act 29th May rights to settlers on the public lands," approved May twentycontinued for two ninth eighteen hundred and thirty, and the said act is hereby 1830 revived and years. Proviso. Proviso. Proviso. revived and continued in force two years: Provided, That where more than one person may have settled upon and cultivated any one quarter section of land, each one of them shall have an equal share or interest in the said quarter section, but shall have no claim, by virtue of this act, to any other land: And provided, always, That this act shall not be so construed as to give a right of pre-emption to any person or persons, in consequence of any settlement or improvement made before the extinguishment of the Indian title to the land on which such settlement or improvement was made, or to the lands lately acquired by treaty with the Miami tribe of Indians, in the State of Indiana, of which proclamation was made by the President of the United States, on the twenty-second day of December, eighteen hundred and thirty-seven, or to any sections, or fractions of sections, of land included within the location of any incorporated town, or to the alternate sections to other alternate sections granted to the use of any canal, railroad, or other public improvement on the route of such canal, railroad, or other public improvement, or to any portions of public lands, surveyed or otherwise, which have been actually selected as sites for cities or towns, lotted into smaller quanti ties than eighty acres, and settled upon and occupied for the purposes of trade, and not of agricultural cultivation and im provement, or to any land specially occupied or reserved for town lots, or other purposes, by authority of the United States: And provided further, That nothing herein contained shall be construed to affect any of the selections of public lands for the purposes of education, the use of salt-springs, or for any other purpose which may have been or may be made by any State, under existing laws of the United States: but this act shall not be so construed as to deprive those of the benefits of this act, who have inhabited, according to its provisions, certain frac tions of the public lands within the land district of Palmyra, in the State of Missouri, which were reserved from sale in consequence of the surveys of Spanish and French grants, but are found to be without the lines of said grants. That before any person claiming the benefit of this law shall have a patent for the land which he may claim by having complied with its provisions, he shall make oath before some person authorized by law to administer the same, which oath with the certificate of the person administering it, shall be filed with the register of the proper land office when the land is applied for, and by said register sent to the office of the commissioner of public lands, that he entered upon the land which he claims, in his own right, and exclusively for his own use and benefit, and that he has not, directly or indirectly made any agreement or contract, in any way or manner, with any person or persons whatever, by which the title which he might acquire from the Government of the United States should inure to the use or |