viously to the first Monday in April next may bear test as on the first Monday in October last. 1839. abilities of the ed by virtue of ment. SEC. 4. And be it further enacted, That the marshal ap- Duties and lipointed by virtue of the act to which this is an amendment, shall marshal appoint execute throughout his district all lawful precepts directed to the act to which him, and issued under the authority of the United States, and this is an amend shall have the same power, perform the same duties, and be under the same liabilities within his district as is conferred by law upon the other marshals of the United States within their respective districts: Provided, That the marshal of the Middle Proviso. District, formerly termed the district of West Tennessee, shall have power and authority to collect the executions issued or to be issued upon judgments and decrees heretofore rendered in. the circuit court of the United States, at Nashville, and to serve and execute all process necessary to enforce such judgments, orders, or decrees, as if this act, or the act to which this is an amendment, had not passed; and all writs of scire facias and other process upon the said judgments and decrees, or upon suits now pending in said said circuit court, at Nashville, shall also be issued from said circuit court and returned to the same, to be proceeded in as would have been done before the passage of said act to which this is an amendment. cuit court for the tion of law be cause, &c. courts in W.Ten forced in thecourt by this act, &c.. All suits, not of local nature, inthe court of the shall be brought SEC. 5. And be it further enacted, That there shall be an An additional additional term of the circuit court for the Middle District held term of the cir at Nashville, in each year, on the first Monday of March, which held, &c. shall be held by the district judge of the United States for the State of Tennessee, and should any question of law be raised Should a quesin any cause, the said district judge may at his discretion ad- raised the judge journ the cause to the succeeding term of the circuit court. may adjourn the SEC. 6. And be it further enacted, That the rules of the cir- The rules of the cuit courts of the United States in West Tennessee, heretofore United St. circuit adopted, shall be in full force and effect in the court established nessee to be enby this act, and the act to which this is an amendment, until the established same are altered by law or by the judges of said court. SEC. 7. And be it further enacted, That all suits hereafter to be brought in either of the courts of the United States in the State a of Tennessee, not of a local nature, shall be brought in the court of the district where the defendant resides or may be defendant found at the time of the service of the writ; but if there be more than more than one defendant, and they reside in different districts, they reside in difthe plaintiff may sue in either, and send a duplicate writ against ferent dists, the the defendant, directed to the marshal of the other district, on in either, &c. which the plaintiff or his attorney shall endorse, that the writ thus sent is a copy of the writ sued out of the circuit or district court of the proper district; and the said writs, when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly; and executions may issue thereon to the marshals of either district where the defendant or defendants may reside, or their or either of their property may be situated. SEC. 8. And be it further enacted, That there shall be held at Knoxville, on the third Monday of April next, a special term district where the re sides, &c. but, if one defendant, and A special term cuit court for the of the U. S. cir 1839. of the circuit court of the United States for the District of East dist. of E. Ten Tennessee, by the district judge of said district, at which term nessee to be held, shall be heard and tried all issues and matters cognizable at the regular term of said court. &c. The judges of the U. S. circuit dangerous SEC. 9. And be it further enacted, That the judges or some courts, or any of one of them, of the circuit courts of the United States, shall have thern, may,whenever there is a power to direct said courts to be adjourned over, to some future general disease day, designated in a written order to the clerk of either of said at the place courts, whenever there is a dangerous and general disease at the is usually holden, place where said court is usually holden; and the adjournment to a future day, over, by the clerk, in the absence of the judges, shall have the same force and effect as if the judges had been present. Approved, January 18th, 1839. where the court adjournsaid court &c. neral shall not, in him by 21 sec. CHAP. 4. An ACT further to regulate the transportation of the mail upon railroads. [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress asPostmaster ge- sembled, That the Postmaster General shall not, by virtue of the by virtue of the authority vested in him by the second section of the "Act to authority vested establish certain post routes and to discontinue others," approved act July 7th, 1839, July seventh, eighteen hundred and thirty-eight, allow more than three hundred dollars per mile per annum to any railroad railroad company in the United States for the conveyance of one or more ny, for the con- daily mails upon their roads: Provided, That nothing in this act or more daily contained shall be construed so as in any way to remove or impair the limitations upon the power of the Postmaster General imposed by that section. Approved, January 25th, 1839. allow more than $300 per mile,per anum, to any compa veyance of one nails. Proviso. certificate grant CHAP. 5. An ACT for the relief of Bradbury T. Jipson. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress as Sec. of War to sembled, That the Secretary of War be authorized and directed issue the pension to issue the pension certificate for a pension granted by act aped by act June proved June twenty-eighth, one thousand eight hundred and Bradley T. Jip- thirty-eight, to Bradley T. Jipson, to Bradbury T. Jipson for son, to Bradbury whom said pension was intended by said act. 29th, 1838, to T. Jipson. Approved, January 25th, 1839. CHAP. 6. An ACT to remit or refund to the Philadelphia, Wilmington, and Baltmore Railroad Company, the duties upon certain railroad iron. [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress asSec. Treas to sembled, That it shall be, and is hereby made, the duty of the delphia, Wil Secretary of the Treasury, to extend to the Philadelphia, timore railroad Wilmington and Baltimore Railroad Company, or to the Phi extend tothe Phi mington,and Bal July 14th, 1832, tions of spikes, upon the road of passage of act Ju ladelphia, Wilmington, and Baltimore Railroad Company, in- 1839. CHAP. 7. An ACT for the relief of Jechonias Pigot and Benjamin Lecraft sureties ther proceedings J. Manney, any lance stated to be the U. S. on the or judgments ren [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 is hereby Sec. Treas. to directed to suspend all further proceedings to collect from Jecho-end all furnias Pigot and Benjamin Lecraft, sureties of James Manney, Pigot and B. Lelate collector of the customs for the district of Beaufort, in the craft, sureties of State of North Carolina, any portion of the balance of one portion of the ba thousand and forty-four dollars and twelve cents, stated to be due from them to due from them to the United States, on the twenty-eighth day 28th January last, of January now last past, upon a judgment or judgments ren- upon a judgment dered against them as such sureties, and that he discharge the dered against said sureties from all further liability under the said judgments, charge them from it appearing that the said sureties have paid and satisfied the bility under said balance due from them, as stated by the Comptroller of the judgments. Treasury, on the thirteenth day of July, one thousand eight hundred and thirty-two, together with the interest upon that balance; but that in consequence of an error in the statement of the Comptroller before mentioned, a further balance is now claimed of the sum above stated, after the said sureties have permitted the property of their principal, placed in their hands them, and to dis all further lia 1839. for their indemnity to go from them in payment of other debts of shoes, furnished CHAP. 8. An ACT for the relief of William East. [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress asSec. Treas. to sembled, That the Secretary of the Treasury pay to William pay W. East, 866 for horse East, out of any money in the Treasury not otherwise approCapt. Hodges's priated, the sum of fifty-six dollars, for one hundred and twelve mounted volun pairs of horse shoes furnished Captain Hodges's command of February 1815. mounted volunteer gun-men, in General Coffee's brigade of Tennessee volunteers, in the month of February, eighteen hundred and fifteen. Approved, February 6th, 1839. settle and adjust release his estate ment of interest, debt which he ment, &c. CHAP. 9. An ACT for the relief of the heirs of John Braban, late receiver of public moneys at Huntsville, Alabama, [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress as See. Treas, to sembled, That the Secretary of the Treasury of the United the accounts of J. States be, and he is hereby, authorized and directed to settle Brahan, so as to and adjust the accounts of the said John Brahan, late a receiver from the pay of public moneys at Huntsville, in the State of Alabama, so as on account of the to release his estate from the payment of interest, on account of owed the Govern- the debt which the said John Brahan owed to the Government of the United States as receiver aforesaid, and such part as may have been secured to be paid by others, shall be relinquished by the said Secretary, with the securities therefor, to the heirs of said Brahan: Provided, That nothing herein contained shall be construed to authorize the refunding from the Treasury, to the estate or the heirs of said John Brahan, of any amount which may heretofore have been received or collected by the United States on account of the said debt or interest thereon. Approved, February 6th, 1839. Proviso. CHAP. 10. An ACT for the relief of the owners of the British brig Despatch. [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress usSec. Treasury sembled, That the Secretary of the Treasury be directed to ascertain the amount of tonnage, light-money, duties, and charges nage, &c. paid on of all kinds paid on the brig Despatch and her cargo, at the port and cargo, at Bos- of Boston, in the Commonwealth of Massachusetts, where said ties, &c. paid by vessel was entered on the twenty-second day of September, to ascertain the amount of ton the brig Despatch ton, over the da. ves sels from the is anno Domini eighteen hundred and twenty-two, over and above 1839. the duties, tonnage, light-money, et cetera, charged to, and paid American by, American vessels from the island of Tobago at that time, land of Tobago, and to pay the same over, when so ascertained, to Aaron Bald- and to pay the win, of Boston, the consignee of said vessel and cargo. Approved, February 6th, 1839. same to A. Bald win. CHAP. 11. An ACT for the relief of Jean B. Vallé. chaka, author half section of [SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That Jean B. Vallé, assignee of Elizabeth Petchaka, J. B. Vallé, as be, and he hereby is, authorized to locate one-half section of signee of E. Petland, in legal subdivisions, upon any of the public lands subject ized to locate oneto private entry within the State of Missouri, in lieu of the like certain land, in quantity of land granted to the said Elizabeth Petchaka, by the tity granted to seventh article of the treaty between the United States and the Delaware nation of Indians, made and concluded on the third y with Delaware day of October, in the year eighteen hundred and eighteen. Approved, February 6th, 1839. lieu of like quan E. Petchaka, by 7th art. TreaIndians, of Oct. 3d, 1818, t CHAP. 12. An ACT to remunerate the captors of the privateer Lydia. son, E. and John Robin [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 is Sec. Treas. to hereby, authorized and directed to pay, out of any money in the B. Robinoon, Treasury not otherwise appropriated, to David Robinson, Ebe- James Robinson, nezer Robinson, James Robinson, and John Robinson, or to son, or to their or their or either of their heirs or assigns, the sum of one thou- heirs or assigns, sand dollars, as a remuneration for the capture of the privateer capture of the priLydia, at Robinson's island, in the year eighteen hundred and valer Lydia in thirteen. Approved, February 6th, 1839. either of their $1000, for the 1813. CHAP. 13. An ACT for the relief of Thomas Sumpter. Sec. Treas. to of T. Sumpter, by dit 8 6263 50, President Mon [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 is close the account hereby, directed to close the account of Thomas Sumpter, late placing to his creMinister Plenipotentiary of the United States at Brazil, by which sum was placing to his credit the sum of six thousand two hundred and paid by order of sixty-three dollars and fifty cents; which said sum was paid to roe, for certain him by order of James Monroe, late President of the United charged against States, towards the expenses which he had incurred, in conse- corresponding quence of the omission of the Government to appoint a Secre- credit; and also tary of Legation, during the period of eight years nine months credit $5629 69 and twenty-four days, for the mission on which he was em- penses. expenses, and him without the by placing to h's in full for said ex |