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abilities of the

ment.

An additional

viously to the first Monday in April next may bear test as on the 1839. first Monday in October last.

Sec. 4. And be it further enacted, That the marshal ap- Duties and li. pointed by virtue of the act to which this is an amendment, shall marshal appoiocexecute throughout his district all lawful precepts directed to delive vorige icon him, and issued under the authority of the United States, and this is an amendshall 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 froin 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.

Sec. 5. And be it further enucted, That there shall be an additional term of the circuit court for the Middle District held cuit court for the at Nashville, in each year, on the first Monday of March, which Middle Disc. to be 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 Stcircuit adopted, shall be in full force and effect in the court established nessed to be en by 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 All suits, not of be brought in either of the courts of the United States in the State Jocal nature; of Tennessee, not of a local nature, shall be brought in the inghe court of 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 one defendant, and they reside in different districts, they resiile in dirthe plaintiff may sue in either, and send a duplicate writ against forent dima, dhe 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 A special term at Knoxville, on the third Monday of April next, a special term cuit court for the

tion of law be

cause,

&c.

by this ach, &c.

resides, &c. bul, ir more than ono

and

the U. S. circuit

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. The judges of 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 hver there is a power to direct said courts to be adjourned over, to some future dengan disease day, designated in a written order to the clerk of either of said

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 10 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, 1939.

the where the court

&c.

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 horairemea lor anthority vested in him by the second section of the “ Act 'to authority #sted establish certain post routes and to discontinue others," approved act July 7th, 163, July seventh, eighteen hundred and thirty-eight, allow more 3:200 per mile,per than three hundred dollars per mile per annum to any 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 ok more daily contained shall be construed so as in any way to remo

hove or im pair the limitations upon the power of the Postmaster General imposed by that section. Approved, January 25th, 1839.

ainuin, to any railroad compa

veyance of one

mails.

Proviso.

CHAP. 5. An ACT for the relief of Bradbury T. Jipson. [Sec. 1.] Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress asSec. or War ro sembled, That the Secretary of War be authorized and directed issue the pension to issue the pension certificate for a pension granted by act apou 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 T. Jipson. Bradbury whom said pension was intended by said act.

Approved, January 25th, 1839.

CHAP. 6. An ACT to remit or refund to the Philadelphia, Wilmington, and Balt

more 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 asSeca 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, mingin,and Bal. timore

Wilmington and Baltimore Railroad Company, or to the Phi.

railroad

, upon the road of

company,

ladelphia, Wilmington, and Baltimore Railroad Company, in- 1839. corporated by the State of Pennsylvania, the Wilmington and

Company, all the Susquehanna Railroad Company, incorporated by the States of benefits of the act Delaware and Maryland, and the Baltimore and Port Deposite as to any importa Railroad Company, incorporated by the State of Maryland, of &c., for the rails which said three last named railroad companies the Philadelphia, wid Wilmington, and Baltimore Railroad Company, first above made, since the named, is composed, all the benefits of the act of the fourteenth ly lol, 1836. day of July, one thousand eight hundred and thirty-two, entitled “An act to release from duty iron prepared for, and actually laid on, railways and inclined planes," as to any importations of spikes, pins, or other fastenings for the rails upon the road of the said last named company, made since the passage of the act of the first day of July, one thousand eight hundred and thirtysix, explanatory of the act last above mentioned : Provided, Proviso. That the said company shall first prove, to the satisfaction of the said Secretary, that the orders for the purchase and importation of the said spikes, pins, or other fastenings, were given prior to the passage of the said act of the first day of July, one thousand eight hundred and thirty-six; that the said orders had been sent out of the country before the passage of the said act; that they could not be countermanded without detriment and loss to the said company; and that the said company shall further comply with all ihe provisions, requisitions, and conditions of the said act of the fourteenth of July, one thousand eight hundred and thirty-two.

Approved, February 6th, 1839.

CHAP. 7. An ACT for the relief of Jechonias Pigot and Benjamin Lecraft surcties

of James Manney, late collector of the customs for the district of Beaufort, in the State of North Carolina.

[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. Trons, to directed to suspend all further proceedings to collect from Jecho-nopeproceedingen nias Pigot and Benjamin Lecraft, sureties of James Manney, Pigol and B. Lo late 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 tuathousand 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 with January las, 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

thern, and to dis. it appearing that the said sureties have paid and satisfied the bili Jurber leidimo balance due from them, as stated by the Comptroller of the judgmenis. 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

1839.

for their indemnity to go from them in payment of other debts of the said Manney, they having retained a sum sufficient to discharge their whole liability as stated by the said Comptroller on the thirteenth day of July, one thousand eight hundred and thirty-two, aforesaid. Approved, February 6th, 1839.

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 1936 for horse East, out of any money in the Treasury not otherwise approCapt. Hulges's priated, the sum of fifty-six dollars, for one hundred and twelve mounted coluna 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.

from the

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 Sec. Troas, to sembled, That the Secretary of the Treasury of the United ole de condhausStates be, and he is hereby, authorized and directed to settle Berando il catate and adjust the accounts of the said John Brahan, late a receiver

pay of public moneys at Huntsville, in the State of Alabama, so as ment of interest, 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 ment, &c.

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 Proviso. 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.

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 asto ascertain the certain 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, al Bos- of Boston, in the Commonwealth of Massachusetts, where said Lico, &c. paid by vessel was entered on the twenty-second day of September,

vet

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, and 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. [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 signes of E. pet. land, in legal subdivisions, upon any of the public lands subject ized to locate one to 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 city granted 10 seventh article of the treaty between the United States and the Delaware nation of Indians, made and concluded on the third with Delaware day of October, in the year eighteen hundred and eighteen. 31, 1818.

Approved, February 6th, 1839.

E.' Petchaka, by 7th art. Trea.

CHAP. 12. An ACT to remunerate the captors of the privateer Lydia. [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. 20 hereby, authorized and directed to pay, out of any money in the poor

, E. Robinbon, 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 òr 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 waiger Lydia in thirteen.

Approved, February 6th, 1839.

Sec. Trens. to

placing to his cre.

CHAP. 13. An ACT for the relief of Thomas Sumpter. [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,

of T. Sumpter, by

late Minister 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- peuses.

1

him without the

in full for said ex.

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