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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 twenty-nine dollars and sixty-nine cents, which is to be in full of all expenses incurred by him as aforesaid: Provided nevertheless, 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 whatApproved, February 6th, 1839.

soever.

cured to T. Blan

6th Sept., 1819,

ed specification,

1820, be granted

and assigns, for

years,

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 Representatives of the United States of America in Congress asThe rights se- 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 Bale, September, eighteen hundred and nineteen, and afterwards on a and on a correct-corrected specification, on the twentieth day of January, anno on 20th 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 fourteen years from the twentieth of January, eighteen hundred and from 20th Jany, thirty-four, said invention 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.

1834.

Proviso.

Persons who may

or been construct

facture, &c., for

putting said in

between the pe

ration of the pa

SEC. 2. And be it further enacted, That any person who had, have constructed bone fide, erected or constructed any manufacture or machine ingar 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 expi of the expiration of the patent heretofore granted and the thirtieth tent and the 30th day of June, one thousand eight hundred and thirty-four, shall June, 1634, shall 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, before the expiration of said patent, without grant or license from said patentee, or his assignees, to use and vend the same.

have the right of

Proviso.

Approved, February 6th, 1839.

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

1839.

thorized to sur

certain laud, and

the comr. of the

Genl. Land Off

to enter, without payment, certain other land.

[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 aupany of the eleventh regiment of infantry,be, and he is hereby, render his title to authorized to surrender his title to the northwest quarter of sec- upon doing so to 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 making such surrender of title to the satisfaction of the Commissioner of the General Land Office, said John Newton is 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 Proviso. 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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CHAP. 16. An ACT for the relief of Erastus Fairbanks and Thaddeus 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 Fairbanks, out of any money in the Treasury not otherwise appropriated, the sum of one hundred and five dollars, being the amount of an over payment made by them into the Treasury, for the reissue at the patent office of seven patents. Approved, February 6th, 1839.

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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 money in the 30, the amount 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 patent Treasury, for a patent for his improved crane stove.

Approved, February 6th, 1839.

Pay E. Town of an over pay.

1839.

issue to S. Angel

a duplicate of the

CHAP. 18. An ACT for the relief of Sarah Angel, and the other heirs at law 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 at law of B. King heirs at law of Benjamin King, deceased, who was a corporal warrant 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 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.

hundred acres of

them on 18th December, 1819.

reserve of "five

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 as

The sale of the sembled, That the sale of the following reserve, under the prosections for Shaw Visions of the second article of the treaty with the Pottawatawas-nas-see, to in- 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 Oct. 20th, 1832, include Little Rock village," be, and the same hereby is, conwatamies of the firmed to Cyrus Taber, and Allen Hamilton and Hiram Todd, Pre or 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

with the Potto

ed to C. Taber, A.

Todd.

Proviso.

valid or effectual until every such conveyance or deed shall be
submitted to the President of the United States for his approba-
tion; and if, after inquiry into the facts and circumstances attend-
ing the contracts for the sale of any of the said lands as afore-
said, 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.

Ivided into three

posing the Mid

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 districts. hereby, divided into three districts, in manner following, to wit: Counties com- The Counties of Walker, Pickens, Sumter, Marengo, Green, dle dist-court to 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, posing the Northdist-court Lauderdale, St. Clair, Marion, Fayette, Randolph, Taladega, Huntsville. Franklin, Lawrence, Morgan, Benton, Marshall, De Kalb,

be held at Tusca

loosa.

ern

to be held at

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1839.

Counties com

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

ern dist.-court to be held at Mo

court for M. dist.,

hold special

SEC. 2. And be it further enacted, That there shall be two U. S. judge for Alabama requirterms of the district court for the middle district held at Tusca-ed to hold annuloosa, in each year, to begin on the fourth Monday in May, and ally two terms of 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 terins. 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.

in May and first

fourth Monday in

court at Tusca

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 after the vember, in each year, shall be return days for writs and execu- November to be tions 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.

ing in dist. courts

Huntsville, or in

the defendants

dist. at the tine

cess, to be trans

ferred for trial to

SEC. 4. And be it further enacted, That all causes at law or All causes pendin 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 court at 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, in the same manner as though originally commenced or prosecuted in the said court; and it shall be the duty of the clerks of the said courts at Huntsville and Mobile safely to transmit to the clerk of the district court at Tuscaloosa the original papers in all cases hereby ordered to be transferred, together with a transcript loosa. of all orders and other proceedings had thereon.

said middle dist.

Clerks of said mit the papers in

courts to trans

said cases to clerk of court at Tusca

local nature to be

court of the dis

re

sides, &c. but, if more than one defendant, and

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; trict where the but if there be more than one defendant, and they reside in dif-defendant ferent districts, the plaintiff may sue in either, and send duplicate 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 the plaintiff may of a writ sued out of a court of the proper district; and the sue in either, &ć. said writs, when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly.

ferent districts,

a clerk for the fees, duties, lia

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 districtmiddle district, who shall reside and keep his office, and the bilities, &c. of records and documents appertaining thereto, at the place of said clerk. holding said court, said clerk shall be entitled to the same fees

1839.

The Attorney

and the Marshal

district w per.

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.

SEC. 7. And be it further enacted, That the district attorney for the north of the northern, and the marshal of the southern, district of Alafor the southern bama shall respectively perform the duties of the district attor form the duties ney and marshal of and for the middle district hereby estaof attorney and marshal, for the blished; and the said marshal shall keep an office at the city of middle district. Tuscaloosa, and his charges for mileage in the execution of the duties of his office within said middle district shall be computed from the said city of Tuscaloosa.

middle district

trict court juris

diction in all

Court for the SEC. 8. And be it further enacted, That the said district court in addition to is for the middle district of Alabama, in addition to the ordinary diction, to have jurisdiction and powers of a district court of the United States, circuit court 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 may by law be made, cognizable in a circuit court of the United States, and shall proceed therein in the same manner as a circuit court.

peal and writs of

error.

Appeals and

lie to U.S. circuit

SEC. 9. And be it further enacted, That appeals and writs writs of error, to of error in the nature of appeals, shall lie and may be sued court at 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 Judge, at any

court for said mid

SEC. 10. And be it further enacted, That should the judge of failure of the the district courts aforesaid fail to attend at the time and place term, 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 adadjourned to the journed to the next term thereof.

the close of the

court shall stand

next term.

Laws contra

SEC. 11. And be it further enacted, That all laws contravening this act vening or opposed to the provisions of this act be, and the same are hereby repealed. Approved, February 6th, 1839.

repealed.

tracts of land per.

by the register of

at

Helena, on

confirmed, and

sued.

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 as

The entries of Sembled, That the entries of the following described tracts or certain described parcels of land permitted to be made by the register of the land mitted 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 25th Feb. 1835, tracts of land had been proclaimed and offered at public sale, patents to be is. 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

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