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1839. 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 Proviso. 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.

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 righus 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 wherseps a 1919, 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, years from the twentieth of January, eighteen hundred and from 20. 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 Proviso cut by ordinary tools: Provided, That all rights and privi

leges 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.

Sec. 2. And be it further enacted, That any person who had,

bone fide, erected or constructed any manufacture or machine in murenemur 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 day of June, one thousand eight hundred and thirty-four, shall June 1831; 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, 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.

Persons who may, have constructed or been construci.

Proviso.

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 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-Gen oland and tion twenty-four, of township three north, of range two west in lie salisfaction of the military bounty district, in the State of Illinois; and upon Genl. Land Of making such surrender of title to the satisfaction of the Com-payinent, certain missioner of the General Land Office, said John Newton is other land. 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.

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 E. and T. Fair. Fairbanks, out of any money in the Treasury not otherwise s103, the amount appropriated, the sum of one hundred and five dollars, being ment made the amount of an over payment made by them into the Trea- them for the re

pa. sury, for the reissue at the patent office of seven patents.

Approved, February 6th, 1839.

tenus.

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. Trens 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, being the amount of an over payment made by him into the him for a puedés Treasury, for a patent for his improved crane stove.

Approved, February 6th, 1839.

of an over pay. ment made by

1839. CHAP. 18. An ACT for the relief of Sarah Angel, and the other heirs at lar 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 co sembled, That the Secretary of War be, and he hereby is, and other being 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

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.

land

issued to them on 18th De

reserve of “five sections forShaw.

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 sembled, That the sale of the following reserve, under the pro

visions of the second article of the treaty with the Pottawatawas28-30 toin, 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, 20in, 1862 include Little Rock village," be, and the same hereby is, conWatamies of the firmed to Cyrus Taber, and Allen Hamilton and Hiram Todd, edire. Tobrelim: the purchasers from the said reservee: Provided, That no such Hamilcon 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.

Alabama vided into three districts.

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 Representatives of the United States of America in Congress asdi- sembled, That the State of Alabama shall be, and the same is

hereby, divided into three districts, in manner following, to wit: Counties com- The Counties of Walker, Pickens, Sumter, Marengo, Green, ale list.--courtto Perry, Bibb, Autauga, Coosa, Tallapoosa, Chambers, Shelby, be held at Tusca. 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, Rạndolph, Taladega,

Franklin, Lawrence, Morgan, Benton, Marshall, De Kalb,

to be held at Huntsville.

to be held at Mo

November to be

ing in dist. courts

Mobile and

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 comties of said State shall hereafter compose the southern district of people Scoreboa Alabama; and a court shall be held for the same, as heretofore, bilo 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 annu. loosa, in each year, to begin on the fourth Monday in May, and all set to tardis er 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.

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

fourth Monday in tions returnable to the said district court at Tuscaloosa ; and return daysofthe 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 pend. in chancery, pending in the said district courts at Mobile and are Huntsville, or in the circuit court of the United States at Mobile, circuit count and 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 pro district, and be proceeded in, heard, adjudged, and determined, ferred for trial to in the same manner as though originally commenced or prosecuted 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 transmit to the mit the papers in 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.

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 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 the plaintiff may of a writ sued out of a court of the proper district; and the sue in either, &c. said writ:, 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 boilies, &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

said middle disl.

said cases to clerk of court at Tusca

re

The Attorney

Court for the middle district

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.

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 Ala. for the swuthern bama shall respectively perform the duties of the district attorform the duties ney and marshal of and for the middle district hereby estamarshal, 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.

Sec. 8. And be it further enacted, That the said district court in addition to lis. for the middle district of Alabama, in addition to the ordinary di ciocoure jurisdiction and powers of a district court of the United States, circuit coun juris shall, within the limits of said middle district, have jurisdiction cases, except an, 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 manner as a circuit court.

Sec. 9. And he it further enacted, That appeals and writs writs of error 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.

Sec. 10. And be it further enacted, That should the judge of

the district courts aforesaid fail to attend at the time and place term, to hold one 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 terni thereof.

Sec. 11. And be it further enacted, That all laws contravening, this acı vening or opposed to the provisions of this act be, and the same .

are hereby repealed. Approved, February 6th, 1839.

pealand writs of error.

Appeals and

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In case of the failure of the Judge, at any

next term.

Laws contra

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 tracts or corporatiorlanca perd 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 ihat the said 25th Feb. 1835, tracts of land had been proclaimed and offered at public sale, parent 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, south west, and southeast fractional quarters of fractional section thirteen, all in township ten south, of range one west, in the State of Ar

sued.

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