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1839.

Proviso.

ployed ; and which sum was charged against him on the books of the Treasury, without the corresponding credit; and also by placing to his credit the sum of five thousand six hundred and iwenty-nine dollars and sixty-nine cents, which is to be in full of all expenses incurred by him as aforesaid: Provided never. theless, That before this act shall have any effect, the said Thomas Sumpter shall first execute and deliver to the Secretary of the Treasury, in due form of law, a release to the United States, discharging them from all liability for any claims which he may now have against them for performing consular duties, or duties as agent for prisoners, or on any other account whatsoever.

Approved, February 6th, 1839.

cured to T. Blan

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and assigns, fur fourteen years,

1834

Provisa.

CHAP. 14. An ACT to amend, and carry into effect, the intention of an act entitled

“An act to renew the patent to Thomas Blanchard, approved June thirtieth, eighteen hundred and thirty-four.

[Sec. 1.] Be it enacted, by the Senate and House of Repre

sentatives of the United States of America in Congress asThe rights so- sembled, That the rights secured to Thomas Blanchard, a citizen chard, by letters of the United States, by letters patent granted on the sixth of othenbepla 1919. September, eighteen hundred and nineteen, and afterwards on a and on a correct corrected specification, on the twentieth day of January, anno on 201h January, Domini eighteen hundred and twenty, be granted to the said to him, his heirs, Blanchard, his heirs and assigns, for the further term of fourteen

arst years from the twentieth of January, eighteen hundred and from 2015 Jany., thirty-four, said in vention so secured being described in said last

mentioned letters as an engine for turning or cutting irregular forms out of wood, iron, brass or other material which can be cut by ordinary tools: Provided, That all rights and privileges heretofore sold or granted by said patentee, to make, construct, use, or vend the said invention, and not forfeited by the purchasers or grantees, shall inure to and be enjoyed by such purchasers or grantees respectively, as fully and upon the same conditions, during the period hereby granted, as for the term

that did exist when such sale or grant was made. Persons who may Sec. 2. And be it further enacted, That any person who had, or been construct. bone fide, erected or constructed any manufacture or machine

or for the purpose of putting said invention into use, in any of its the purpose of modifications, or was so erecting or constructing any manufacvention into use, ture or machine for the purpose aforesaid, between the period riod of the exp of the expiration of the patent heretofore granted and the thirtieth

ozun day of June, one thousand eight hundred and thirty-four, shall

hall have and enjoy the right of using said invention in any such using the same. manufacture or machine erected or erecting as aforesaid, in all

respects as though this act had not passed : Provided, That no person shall be entitled to the right and privilege by this section granted, who has infringed the patent right and privilege heretofore granted, by actually using or vending said machine, helore the expiration of said patent, without grant or license from said patentee, or his assignees, to use and vend the same.

Approved, February 6th, 1839.

have constructed

ing, any inanu. facture, &c., for

putting said in

ration of the pa. tent and the 30th June, 1631, shall have the right of

Proviso.

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CHAP. 15. An ACT for the relief of John Newton.

1839. [Sec. 1.) Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That John Newton, late a private in Egerton's com- . J. Newton ay. pany of the eleventh regiment of infantry,be, and he is hereby, rendernislije to authorized to surrender his title to the northwest quarter of sec- certain land, and tion twenty-four, of township three north, of range two west in the satisfaction of the military bounty district, in the State of Illinois; and upon Genl. Land Oft. making such surrender of title to the satisfaction of the Com-buymeni, certain missioner of the General Land Office, said John Newton is other le hereby authorized to enter, without payment, one quarter section of any of the public lands subject to entry at private sale, in the State of Illinois: Provided, That said John Newton shall Proriso. avail himself of the benefits intended to be granted by this act within two years from the passage thereof: And provided, also, further provi. That such entry shall not be made on lands on which any settlement or improvement has been or shall be made at the time of the application to make such entry, where the settler or settlers, or person or persons, making such improvements, shall, at such time, be entitled to the right of pre-emption to such land under the existing laws of Congress.

Approved, February 6th, 1839.

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Teen

Gratis

banks to be paid

CHAP. 16. An ACT for the relief of Erastus Fairbanks and Thaldeus Fairbanks.

[Sec. 1.) Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That there be paid to Erastus Fairbanks and Thaddeus E. and T. Fair. Fairbanks, out of any money in the Treasury not otherwise $105, the amount appropriated, the sum of one hundred and five dollars, being m the amount of an over payment made by them into the Trea-them for the resury, for the reissue at the patent office of seven patents.

Approved, February 6th, 1839.

of an over pay. ment made by

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pay E. Town

CHAP. 17. An ACT for the relief of Elisha Town. [Sec. 1.) Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he hereby Sec. Treas. to is, directed to pay to Elisha Town, out of any moriey in the $30, the announc Treasury not otherwise appropriated, the sum of thirty dollars, ment made by being the amount of an over payment made by him into the him for a parent Treasury, for a patent for his improved crane stove.

Approved, February 6th, 1839.

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ol an over Day. issue to S. Angel

1839. CHAP. 18. An ACT for the relief of Sarah Angel, and the other heirs at lan of

Benjamin King, deceased. [Sec. 1.] Be it enacted, by the Senate and House of Repre

sentatives of the United States of America in Congress asSec. War to sembled, That the Secretary of War be, and he hereby is, and other heirs directed to cause to be issued to Sarah Angel, and the other

of in heirs at law of Benjamin King, deceased, who was a corporal warran', for one in the Rhode Island line during the Revolutionary war, a land issued to duplicate of the warrant which was issued in their favor on the cember, 1819.“ eighteenth of December, eighteen hundred and nineteen, and

numbered eight hundred and thirty-one, for one hundred acres of land; the original of which has been lost, and is hereby revoked.

Approved, February 6th, 1839.

at law of B. King a duplicate ofthe

hundred acres of

them on 18th De

clude Little Rock

2d art. treaty of

CHAP. 19. An ACT to confirm the sale of certain reservations, [Sec. 1.) Be it enacted, by the Senate and House of Repre

sentatives of the United States of America in Congress asThe sale of the seinbled, That the sale of the following reserve, under the proSections forShaw. visions of the second article of the treaty with the Pottawata.

the solen; mies of the Prairie of twentieth of October, eighteen hundred village,” under and thirty-two, to wit: “ five sections for Shaw-was-nas-see, to Ocl. 20th, 1832, include Little Rock village," be, and the same hereby is, conwalamies of the firmed to Cyrus Taber, and Allen Hamilton and Hiram Todd, Prairie, confirmedioces Taber, A. the purchasers from the said reservee: Provided, That no such Hamilton and H. sale or conveyance of said lands, or any part thereof, shall be

valid or effectual until every such conveyance or deed shall be submitted to the President of the United States for his approbation; and if, after inquiry into the facts and circumstances attending the contracts for the sale of any of the said lands as aforesaid, he shall be satisfied that such contracts were fair, and that the consideration paid or secured to be paid therefor is adequate, he shall endorse his approval on each conveyance and deed so approved, and thereafter the same shall be deemed valid and effectual.

Approved, February 6th, 1839.

Proviso.

CHAP. 20. An ACT to reorganize the district courts of the United States in the

State of Alabama [Sec. 1.) Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress asAlabama di- sembled, That the State of Alabama shall be, and the same is districto.w hereby, divided into three districts, in manner following, to wit:

Counties com. The Counties of Walker, Pickens, Sumter, Marengo, Green, de dis-countio Perry, Bibb, Autauga, Coosa, Tallapoosa, Chambers, Shelby,

“: Jefferson, and Tuscaloosa, shall compose one district, to be called

the middle district; and a court shall be held for the said district Counties com- at Tuscaloosa. The counties of Jackson, Madison, Limestone, en dist. -couri Lauderdale, St. Clair, Marion, Fayette, Randolph, Taladega, Huntsville. “Franklin, Lawrence, Morgan, Benton, Marshall, De Kalb,

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posing the North

posing the South

to be held at Mo. bile.

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in May and first

fourth Monday in November to be

court at Tuscar

ing in dist. couris

Cherokee, and Blount, shall hereafter compose one district, to 1839. be called the northern district; and a court shall be held for the same, as heretofore, at Huntsville : and the residue of the coun- Counties cornties of said State shall hereafter compose the southern district of eraldise. --court Alabama; and a court shall be held for the same, as heretofore, at Mobile.

Sec. 2. And be it further enacted, That there shall be two U. S. judge for terms of the district court for the middle district held at Tusca- ed w hold annuloosa, in each year, to begin on the fourth Monday in May, and a the first Monday after the fourth Monday in November; and and authorized to the district judge of the United States for the State of Alabama lorins. is hereby required to hold the courts aforesaid ; and, furthermore, to hold one or more special terms at Tuscaloosa in each year, if in his opinion, the business of the court shall require it to be done.

Sec. 3. And be it further enacted, That the fourth Monday Fourth Monday in May, and first Monday after the fourth Monday in No-Monday aner the vember, in each year, shall be return days for writs and executions returnable to the said district court at Tuscaloosa ; and return days of the the parties to such suits as shall be so returned shall make up loosa. their pleadings, under such rules as the court shall prescribe, in order to have the causes so returned in a state of readiness for trial at the succeeding regular term.

Sec. 4. And be it further enacted, That all causes at law or All causes pond. in chancery, pending in the said district courts at Mobile and at Mobile and Huntsville, or in the circuit court of the United States at Mobile, circuit coupe vente in which the defendant or defendants resided in the middle dis- Mobile, in which trict (as hereby established) at the time of serving process shall resided in the M. be transferred for trial to the district court for the said middle of serving prodistrict, and be proceeded in, heard, adjudged, and determined, ferred for trial to in the same manner as though originally commenced or prose- sai cuted in the said court; and it shall be the duty of the clerks of Clerks of said the said courts at Huntsville and Mobile safely to transinit to the mil the papers in clerk of the district court at Tuscaloosa the original papers in all 57 cases hereby ordered to be transferred, together with a transcript loosa. of all orders and other proceedings had thereon.

Sec. 5. And be it further enacted, That all suits hereafter to Suits not of a be brought in either of said courts, not of a local nature, shall brought in the be brought in a court of the district where the defendant resides ; cri but if there be more than one defendant, and they reside in dif-defendant bute ferent districts, the plaintiff may sue in either, and send dupli- more than one cate writ or writs to the other defendants ; on which the plain-they reside in diftiff or his attorney shall endorse that the writ thus sent is a copy ine plainlitt may of a writ sued out of a court of the proper district; and the sue in either, dc. said writs, when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly.

Sec. 6. And be it further enacted, that the judge of said Judge to appoint district courts shall appoint a clerk of the district court of the middle district middle district, who shall reside and keep his office, and the Lilities, sec. ar records and documents appertaining thereto, at the place of said clerk. holding said court, said clerk shall be entitled to the same fees

courts to trans

said cases to clerk of court at Tusca

local nalure to be

court of the district where the

defendant, and

ferent

districts,

a clerk

for the

The Attorney for the northern,

of attorney and

middle disurict.

middle

district

trict court juris. diction, to have

1839. allowed by law to the clerks of the other districts of said State,

perform the like duties, and be subject to the same liabilities and

penalties. The Attorney Sec. 7. And be it further enacted, That the district attorney and the "Marsha of the northern, and the marshal of the southern, district of AlaSup the Ruthern bama shall respectively perform the duties of the district atiorform the duties ney and marshal of and for the middle district hereby esta. marshal, fur the blished; and the said marshal shall keep an office at the city of

Tuscaloosa, and his charges for mileage in the execution of the duties of his office within said middle district shall be com

puted from the said city of Tuscaloosa. Court for the Sec. 8. And be it further enacted, That the said district court in addition toilis for the middle district of Alabama, in addition to the ordinary

ave jurisdiction and powers of a district court of the United States, circuilcoun juris shall, within the limits of said middle district, have jurisdiction cases, except ap of all causes, except appeals and writs of error, which now are

or hereafter inay by law be made, cognizable in a circuit court of the United States, and shall proceed therein in the same man

ner as a circuit court. Appeals and Sec. 9. And he it further enacted, That appeals and writs Wpils u error of error in the nature of appeals, shall lie and may be sued court al Mobile. from the said district court at Tuscaloosa to the circuit court of

the United States at Mobile in the State of Alabama. In case of the Sec. 10. And be it further enacted, That should the judge of

ing the district courts aforesaid fail to attend at the time and place termi, to hold the of holding the court for the said middle district, at any one of dle district before its terms aforesaid, before the close of the fourth day of any fourth day, the such term, the business pending in such court shall stand adadiourned to the journed to the next terni thereof. next term. Sec. 11. And be it further enacted, That all laws contravening this aci vening or opposed to the provisions of this act be, and the same

are hereby repealed. Approved, February 6th, 1939.

peal and writs of error.

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failure of the Judge, at any

the close of the

court shall stand :

Laws contra

repealed.

aertain described tracts of land per.

by the register of

CHAP. 21. An ACT for the relief of Henry Wilson, confirming purchases of certain

land in Arkansas. [Sec. 1.) Be it enacted, by the Senate and House of Repre

sentatives of the United States of America in Congress asThe entries of sembled, That the entries of the following described tracis or

ed parcels of land permitted to be made by the register of the land miuted to be made office at Helena, on the twenty-fifth day of February, one thouthe land office sand eight hundred and thirty-five, under the belief that the said at Helena, on 25th Feb. 1835, tracts of land had been proclaimed and offered at public sale, confirmed, and

0d and under circumstances that satisfied the land officers that the

said tracts of land were in market and legally liable to be so entered; viz: the east fractional part of the southwest quarter of fractional section one; the northeast, northwest, and southeast fractional quarters, and the east half of the southwest quarter of fractional section twelve; and the northwest, southwest, and southeast fractional quarters of fractional section thirteen, all in township ten south, of range one west, in the State of Ar

patents to be is. sued.

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