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The said court shall be holden by the judge of the said District Courts of East and West Tennessee.(1)
In addition to the jurisdiction hereby invested in said court, it shall be invested with the exercise of concurrent jurisdiction in all civil cases now exercised by the Circuit Courts of the United States; and in all cases where said court shall exercise such jurisdiction, appeals may be taken from the judgments, orders, or decrees of said court, to the Supreme Court of the United States, in the same manner, and upon the same conditions, as appeals may be taken from the Circuit Courts.(2)
At the first term of said court, the judge thereof shall appoint a clerk, in manner, and upon such conditions as like officers are required by law to be appointed for the said District Courts of East and West Tennessee; and the said clerk shall perform such duties in regard to the proceedings, orders, judg. ments, and decrees of said court, as are required by law to be performed by the same officers in the said District Courts of East and West Tenges. see, and shall have the same fees as such officers.(3)
All laws now in force regulating the emanation, execution, and return of the process of said District Courts of East and West Tennessee, shall, in all things regulate the emanation, execution, and return of process in the said District Court.(4)
If from any cause, the judge of said court shall fail to attend and open court on the first day thereof, then, and in that case, the said court shall stand adjourned from day to day, until 4 o'clock of the third ; and in case he shall fail to attend and open said court by that time, the said court shall stand ad. journed until the first day of the next term.(5)
In case the judge of said court, from any cause, shall fail to hold a regular term of said court, it shall be his duty, if, in his opinion, the business in said court shall require, to hold an intermediate term of said court, at such time as he shall, by his order, under his hand and seal, direct, addressed to the clerk and marshal of said court, at least thirty days previous to the commencement of said term, and to be published in the several newspapers published in the bounds of the same district, the same length of time.(6)
A marshal shall be appointed for said court, whose duty it shall be to execute all orders, judgments, and decrees of said court now authorized by law, and he shall receive for his services, the sum of two hundred dollars, to be paid out of the public Treasury; and he shall be allowed the same fees as are allowed for the same services in the courts of East and West Tennessee.(7)
A district attorney of the United States shall be appointed for said court, who shall receive, in addition to the usual fees of office, the sum of two bundred dollars annually, to be paid out of the public Treasury of the United States.(8)
8. All the territory ineluded within the present boundaries of the counties of Franklin, Washington, and Jackson, in the Territory of Florida, shall constitute a new judicial district, to be called the Appalachicola District, the judge of which shall reside at the town of Appalachicola, or at the town of St. Joseph's in said district.(9)
A judge, marshal, and district attorney shall be appointed in said district, having the same jurisdiction, powers, duties, and liabilities, in all respects,
(1) Act June 18th, 1838, sec. 3.
(6) Ibid. sec. 8.
as are now possessed by the judges of the superior courts, respectively, in the Territory of Florida, and the said marshal is hereby required to give the same bonds that other marshals are required to give under the laws of the United States and the Territory of Florida, to be approved of and recorded as now directed by law.(1)
The said courts shall be holden at the times and places now established by law in said district, until changed by the Legislative Council of said territory; and all process, executed by and returnable to said courts, as a part of the District of West Florida, as heretofore organized, shall be as effectual in law, as if the said district had not been changed; and it shall be the duty of the present marshal of the District of West Florida, to execute all process now in his hands, and he shall be responsible in like manner as if ihis act had not passed.(2)
The judge, marshal, and district attorney shall have the same salaries, fees, and compensation as are allowed and paid to the other judges, marshals and district attorneys in said territory, under the laws of the United States or the Territory of Florida, out of any money in the Treasury not otherwise appropriated.(3)
9. There shall be four regular terms of the District Court of the United States for the Northern District of the State of New York in each year; one of which, to commence on the third Tuesday in January, shall be held in the city of Albany; and one to commence on the second Tuesday in July, shall be held at the city of Utica ; and one to commence on the third Tuesday of May, shall be held at the city of Rochester; and one to commence on the second Tuesday of October, shall be held at the city of Buffalo. And there shall also be held one other term annually, at such time and in such place within the counties of St. Lawrence, Clinton, or Franklin, as the judge of said district shall from time to time appoint, by a notice of at least forty days, to be published in the State paper of the State of New York, which latter term shall be held only for the trial of issues of fact arising within the said three last-mentioned counties ; but nothing herein contained shall prevent the judge of said court from holding special terms thereof at the places above specified, or at any other places in said district, in addition to said regular terms, when he shall deem it necessary.(4)
The term of the Circuit Court for the said Northern District, now required by law to be held annually at Albany on the second Tuesday of June, shall be hereafter held at Canandaigua, in the county of Ontario, on the Tuesday next after the third Monday of June in each year.(5)
· For the purpose of trying all issues of fact, triable by a jury in the District Court of the United States for the Northern District of New York, the said district shall be sub-divided into three divisions, as follows, to wit: all that part of said district lying westward of the west lines of the counties of Cayuga, Tompkins, and Tioga, shall constitute the Western Division ; the counties of St. Lawrence, Franklin, and Clinton, shall constitute the Northern Division; and all the remainder of the district shall constitute the Eastern Division. And all such issues of fact shall be tried at a term of said court to be held in the division where the cause of action may have arisen, unless the said court, for good cause shown, shall order such issue to be tried elsewhere. And all issues of fact in the said Circuit Court to be tried by jury, where,
(1) July 7th, 1838, sec. 2.
(4) Act July 7th, 1838, sec. 1.
the cause of action may have arisen in the Northern or Eastern Division aforesaid, shall be tried at the term of said Circuit Court to be held at Albany, and all other issues of fact in said Circuit Court to be tried by jury, where the cause of action may have arisen in the Western Division of said district, shall be tried at the term of said Circuit Court to be held at Canandaigua. But nothing herein contained shall prevent either of said courts, by general rule, from regulating the venue of transitory actions, and from changing the same for a good cause to be shown.(1)
All issues now pending in either of said courts, shall be tried at the places above prescribed for holding such court, unless otherwise ordered by said court, in pursuance of the authority given in the last section; and no process issued or proceedings pending in either of said courts, shall be avoided or impaired by this change of the time and place of holding sueh court; but all process, bail bonds, and recognizances, returnable at the next term of either of said courts, shall be returnable and returned to the said court next held according to this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly, and all continuances may be made to conform to the provisions of this act.(2)
10. The Circuit Court of the United States for the District of East Ten. nessee, shall be held at Knoxville, on the third Monday in October, in each and every year, and the Circuit Courts of the United States for the District of Maryland, shall be held at Baltimore on the first Monday of November, annually.(3)
Alt recognizances entered into, and all mesne and final process which have been issued, or which shall hereafter be issued, returnable to the first term of said court, shall be returnable to the term hereby established, and shall have the same effect as though the said process had originally been made returnable to the term hereby established.(4)
Surveyor for the Territory of Wis
consin appointed-office of, where
-salary of Land offices, additional established in
Wisconsin-where holden-powers, duties and compensation of of. ficers-lands to be sold-offices
may be removed Qualifications of settlers to pre-emp
tion rights, under act 29th May,
1830--that act revived for two
years 1 Time extended for locating Virginia
Military Land Warrants-entries and surveys heretofore made, va
lid Quantity of land for which patents 2 shall issue-additional land offices
in Louisiana and Arkansas
ART. 1. A surveyor of the Territory of Wisconsin shall be appointed, who shall have the same authority, and perform the same duties respecting the public lands and the private land claims in the territory of Wisconsin, as
(1) Act July 7th, 1838, sec. 3.
Ibid. sec. 4.
(3) Act July 7th, 1838, sec. 1.
are now vested in and required of the Surveyor of the lands of the United States in Ohio.(1) (See article 1189, et seq.)
It shall be the duty of the Surveyor for Ohio, to deliver to the Surveyor for Wisconsin Territory, all the maps, papers, records, and documents relating to the public lands and private land claims in the said Territory of Wisconsin, which may be in his office; and in every case where it shall be impracticable to make a separation of such maps, papers, records and documents, without injury, it shall be his duty to cause copies thereof, certified by him, to be furnished to the Surveyor for Wisconsin Territory; which copies shall be of the same validity as the originals. And the Secretary of the Treasury is hereby authorized to cause the expense attending the transfer of the records to be paid out of the appropriation for surveying the public lands.(2)
The Surveyor for Wisconsin Territory, to be appointed in pursuance of this act, shall establish his office at the town of Du Buque, in the Territory of Wisconsin; and he shall be allowed an annual salary of fifteen hundred dollars, to commence at such period as his office shall be in readiness for operation; and he shall be authorized to employ one draughtsman and clerk, whose aggregate compensation shall not exceed sixteen hundred dol. lars per annum. He shall also be allowed the sum of three hundred and fisty dollars per annum, for office-rent, fuel, and other incidental expenses of his office; to be paid out of the money appropriated for surveying the public lands.(3)
2. For the sale of the public lands in that part of the Territory of Wisconsin situate west of the river Mississippi, two land districts are hereby cre. ated ; one of which comprising all the lands south of the east and west line which forms the northern boundary of the township adjoining to, and immediately south of the township in which the town of Davenport is situate, shall be called the Des Moines Land District, the land office for which shall be established at the town of Burlington; and the other district, comprising the lands north of the east and west line, shall be called the Du Buque Land District, the office for which shall be established at the town of Du Buque.(4)
The President is hereby authorized to appoint, by and with the advice and consent of the Senate, a register and receiver of public moneys for each of the said districts, and who shall, respectively, be required to reside at the site of their offices, and have powers, perform the same duties, and be entitled to the same compensation, as are or may be prescribed by law, in relation to the other land offices of the United States.(5)
The President is authorized to cause the public lands in the said districts, with the exception of section numbered sixteen in each township, reserved for the use of schools, or such other lands as may by law be selected in lieu thereof, and of such other tracts as he may select for military or other pur. poses, to be exposed to sale in the same manner, and upon the same terms and conditions, as the other public lands of the United States (6)
Whenever the President may deem it expedient, he is hereby authorized to remove the said land offices to such other places within those districts as he may judge proper (7)
3. Every actual settler of the public lands, being the head of a family, or over twenty.one years of age, who was in possession and a housekeeper, by personal residence thereon, at the time of the passage of this act, and for four months next preceding, shall be entitled to all the benefits and privileges of an act entitled * An act to grant pre-emption rights to settlers on the public lands,” approved May twenty-ninth, eighteen hundred and thirty; and the said act is hereby revived and continued in force two years : (See article 1222, et seq.) Provided, That where more than one person may have settled upon and cultivated any other quarter section of land, each one of them shall have an equal share of interest in the said quarter section, but shall have no claim, by virtue of this act, to any other land; And provided, always, That this act shall not be so construed as to give a right of preemption to any person or persons, in consequence of any settlement or improvement made before the extinguishment of the Indian title to the land on which such settlement or improvement was made, or to the lands lately acquired by treaty with the Miami tribe of Indians, in the state of Indiana, of which proclamation was made by the President of the United States, on the twenty-second day of December, eighteen hundred and thirty-seven, or to any sections, or fractions of sections of land included within the location of any incorporated town, or to the alternate sections to other alternate sections granted to the use of any canal, rail-road, or other public improvement on the route of such canal, rail-road, or other public improvement, or to any portions of public lands, surveyed or otherwise, which have been actually selected as sites for cities or towns, lotted into smaller quantities than eighty acres, and settled upon and occupied for the purposes of trade, and not of agricultural cultivation and improvement, or to any land specially occupied or reserved for town lots, or other purposes, by authority of the United States : And provided further, That nothing herein contained, shall be construed to affect any of the selections of public lands for the purposes of education, the use of salt-springs, or for any other purpose which may have been or may be made by any state, under existing laws of the United States : but this act shall not be so construed as to deprive those of the benefits of this act, who have inhabited, according to its provisions, certain fractions of the public lands within the land district of Palmyra, in the state of Missouri, which were reserved from sale in consequence of the surveys of Spanish and French grants, but are found to be without the lines of said grants. That before any person claiming the benefit of this law shall have a patent for the land which he may claim by having complied with its provisions, he shall make oath before some person authorized by law to administer the same, which oath with the certificate of the person administering it, shall be filed with the register of the proper land office when the land is applied for, and by said register, sent to the office of the commissioner of public lands, that he entered upon the land which he claims, in his own right, and exclusively for his own use and benefit, and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatever, by which the title which he might acquire from the Government of the United States should inure to the use or benefit of any one except himself, or to convey or transfer the said land, or the title which he may acquire to the same, to any other person or persons whatever, at any subsequent time; and if such person, claiming the benefit of this law as aforesaid, shall swear falsely in the premises, he shall be subject to all the pains and penalties for perjury, forfeit the money which he may have paid for the land, and all right and title to the said land, and any grant or conveyance which he may have made in pursuance of such agreement or contract, as aforesaid, shall be void, except in the hands of a purchaser in good faith, for a valuable consideration without notice. And the certificate which shall be filed with the commissioner as aforesaid, shall be taken to be conclusive evidence that the oath was legally administered: And provided, further, That it
(1) Act June 12th, 1838, sec. 1.
(5) Ibid. sec. 2.