CHAP. XX. An Act to reorganize the district courts of the United States in the STATUTE III. Feb. 6, 1839. Alabama divi ded into three districts. Middle dis trict. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Alabama shall be, and the same is hereby, divided into three districts, in manner following, to wit: The counties of Walker, Pickens, Sumter, Marengo, Green, 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 at Tuscaloosa. The counties of Jackson, Madison, Limestone, Lauderdale, St. Clair, Marion, Fayette, Randolph, Taladega, Franklin, trict Lawrence, Morgan, Benton, Marshall, De Kalb, 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 counties of said State shall hereafter compose the southern district of Alabama; and a court shall be held for the same, as heretofore, at Mobile. SEC. 2. And be it further enacted, That there shall be two terms of the district court for the middle district held at Tuscaloosa, in each year, to begin on the fourth Monday in May, and the first Monday after the fourth Monday in November; and the district judge of the United States for the State of Alabama 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 in May, and first Monday after the fourth Monday in November, in each year, shall be return days for writs and executions returnable to the said district court at Tuscaloosa; and the parties to such suits as shall be so returned shall make up 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. Northern dis Southern dis trict. District judge to hold two an nual terms, &c. Return days of the court at Tuscaloosa. All causes pending in district courts to for trial to said middle district. be transferred SEC. 4. And be it further enacted, That all causes at law or in chancery, pending in the said district courts at Mobile and Huntsville, or in the circuit court of the United States at Mobile, in which the defendant or defendants resided in the middle district (as hereby established) at the time of serving process shall be transferred for trial to the district court for the said middle district, 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 cases. papers in all cases hereby ordered to be transferred, together with a transcript of all orders and other proceedings had thereon. SEC. 5. And be it further enacted, That all suits hereafter to be brought in either of said courts, not of a local nature, shall be brought in a court of the district where the defendant resides; but if there be more than one defendant, and they reside in different districts, the plaintiff may sue in either, and send duplicate writ or writs to the other defendants; on which the plaintiff or his attorney shall endorse that the writ thus sent is a copy of a writ sued out of a 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. Clerks to transmit the pers in said pa Suits not of a local nature, where to be brought. Judge to ap SEC. 6. And be it further enacted, That the judge of said district point a clerkcourts shall appoint a clerk of the district court of the middle district, his fees, &c. (a) Notes of the acts relating to the district court of Alabama, vol. 3, 564. The Attorney for the northern and the Marshal for the southern district to perform certain du ties. Jurisdiction of court for the middle district. Appeals, &c. to lie to U. S. circuit court at Mobile. Adjournment of the court. Laws contravening this act repealed. STATUTE III. Feb. 13, 1839. [Obsolete.] for the Semi noles. who shall reside and keep his office, and the records and documents appertaining thereto, at the place of holding said court; said clerk shall be entitled to the same fees 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 of the northern, and the marshal of the southern, district of Alabama shall respectively perform the duties of district attorney and marshal of and for the middle district hereby established; and the said marshal shall keep an office at the city of 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 for the middle district of Alabama, in addition to the ordinary jurisdiction and powers of a district court of the United States, shall, within the limits of said middle district, have jurisdiction 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. SEC. 9. And be it further enacted, That appeals and writs of error in the nature of appeals, shall lie and may be sued 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 of holding the court for the said middle district, at any one of its terms aforesaid, before the close of the fourth day of any such term, the business pending in such court shall stand adjourned to the next term thereof. SEC. 11. And be it further enacted, That all laws contravening or opposed to the provisions of this act be, and the same are hereby repealed. APPROVED, February 6, 1839. CHAP. XXIV.-An Act to provide for the location and temporary support of the Be it enacted by the Senate and House of Representatives of the United Appropriation States of America in Congress assembled, That the President of the United States be, and hereby is, authorized to provide a suitable location, west of the States of Missouri or Arkansas, for the Seminole Indians who have been or may be removed from Florida; and to provide for their support until they shall be removed to such location; and that, for these purposes, the sum of ten thousand dollars be, and the same is hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated. STATUTE III. Feb. 13, 1839. [Obsolete.] APPROVED, February 13, 1839. CHAP. XXV.-An Act making appropriations for the payment of the revolutionary and other pensioners of the United States, for the year eighteen hundred and thirty-nine. Be it enacted by the Senate and House of Representatives of the United Appropriations. States of America in Congress assembled, That the following sums be, Revolutionary and the same are hereby, appropriated, in addition to former appropriapensioners under acts other tions, to be paid out of any money in the Treasury not otherwise approthan those of priated, for the pensioners of the United States, for the year one thouMay 15, 1828, sand eight hundred and thirty-nine: ch. 56, June 7, 1832, ch. 125, and July 4, 1836, ch. 362. For the revolutionary pensioners, under the several acts, other than those of the fifteenth of May, one thousand eight hundred and twentyeight; the seventh of June, one thousand eight hundred and thirty-two; and the fourth of July, one thousand eight hundred and thirty-six, three For five years' pensions to widows, per act seventh July, one thousand eight hundred and thirty-eight, one million three hundred and seventy two thousand dollars: For half-pay pensions, payable through the office of the Third Auditor, ten thousand dollars. APPROVED, February 13, 1839. CHAP. XXVI. An Act to repeal the proviso to the second section of an act approved the third of March, eighteen hundred and thirty-seven, which authorized the Secretary of the Treasury to compromise the claims of the United States against certain banks. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso to the second section of "An act to authorize the proper officers of the Treasury Department to credit the account of the Treasurer of the United States with the amount of unavailable funds standing to his debit on the books of the Treasury, to transfer the amount to the debit of banks and individuals indebted for the same, and to authorize the Secretary of the Treasury to compromise and settle said claims," approved 3d of March, eighteen hundred and thirty-seven, which prohibits the Secretary of the Treasury from compromising the claims of the United States against the Alleghany Bank of Pennsylvania, be, and the same is hereby repealed; and that the Secretary of the Treasury is hereby authorized to compromise and settle the claim of the United States against said bank. APPROVED, February 16, 1839. CHAP. XXVII.-An Act to amend "An act to reorganize the district courts of the United States in the State of Mississippi," approved June eighteenth, eighteen hundred and thirty-eight. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the court of the northern district of Mississippi, besides the ordinary jurisdiction of a district court, shall have jurisdiction of all causes, except appeals and writs of error, cognizable by law in a circuit court, and shall proceed therein in the same manner as a circuit court. SEC. 2. And be it further enacted, That defendants residing in said northern district shall not be sued in the circuit court held at Jackson, except in the cases and in the mode prescribed by the fourth section of the act to which this is an amendment. Invalid pen sioners. Pensions to widows and or. phans under act July 4th, 1836, ch. 362. Pensions to widows under 1838, ch. 189. act July 7th, Half-pay pensions payable through office Third Auditor. STATUTE III. Feb. 16, 1839. The 2d section act 3d March, 1837, ch. 35, repealed, &c. STATUTE III. Feb. 16, 1839. Act of June 18,1838, ch. 115. The court of the N. dist. of Mississippi shall have jurisdiction, &c. Appeals and writs of error shall be to supreme court U.S. SEC. 3. And be it further enacted, That all appeals and writs of error from the decisions of the said district court, when exercising the powers of a circuit court, shall be directly to the Supreme Court of the United States, in the same manner and under the same limitations and restrictions that they are now allowed by law from the circuit court. SEC. 4. And be it further enacted, That the Marshal of the several districts in the State of Mississippi, in addition to the several sale days now allowed by law, may be authorized to sell property at the court-house sippi, in addition of each county on Monday of each week, and on the first and second to the sale days The marshal for the several districts of Missis (a) See notes of acts relating to the district court of Mississippi, vol. 3, 611. now allowed by law, authorized to sell property on certain other days. Proviso. STATUTE III. Feb. 16, 1839. [Obsolete.] Appropriations. STATUTE III. Feb. 20, 1839. Any person challenging another, &c. Any person giving, or sending, or causing a challenge to be given or sent, &c. days of each term of the district court; and that he may, at the written request of the defendant, change the sale of property to the place where the United States court for his district is holden: Provided, in the opinion of the Marshal, the interest of the plaintiff would not be compromitted thereby. APPROVED, February 16, 1839. CHAP XXVIII.—An Act making an appropriation for the support of the penitentiary in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the unexpended balance of appropriations of eighteen hundred and thirty-seven, now subject to the order of the inspectors, there shall be, and hereby is, appropriated, for the support of the penitentiary for the District of Columbia, for the year eighteen hundred and thirty-eight, and for the payment of claims not settled, as follows: For pay of officers and agents; for repairs to buildings; for purchase of raw materials; for rations, clothing, beds, and bedding of prisoners; for purchase of fuel; for purchase of hospital stores and medicines; for purchase of books and stationery; for purchase of horse food; for allowance to discharged convicts; for pay of the inspectors for the years eighteen hundred and twenty-nine and eighteen hundred and thirty; for compensation to the secretary to the board of inspectors, from the date of his appointment, at two hundred dollars per annum, for keeping the books, records, and papers of the inspectors, as required by law; and for other contingent expenses of the institution, the sum of eight thousand six hundred and eighty-nine dollars, and forty cents; to be paid out of any money in the Treasury not otherwise appropriated, and to be expended under the direction of the board of inspectors. APPROVED, February 16, 1839. CHAP. XXX.-An Act to prohibit the giving or accepting, within the District of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person shall, in the District of Columbia, challenge another to fight a duel, or shall send or deliver any written or verbal message, purporting or intended to be such challenge, or shall accept any such challenge or message, or shall knowingly carry or deliver any such challenge or message, or shall knowingly carry or deliver an acceptance of such challenge or message to fight a duel in or out of the said District, and such duel shall be fought in or out of the said District, and either of the parties thereto shall be slain or mortally wounded in such duel, the surviving party to such duel, and every person carrying or delivering such challenge or message, or acceptance of such challenge or message as aforesaid, and all others aiding or abetting therein, shall be deemed guilty of felony, and upon conviction thereof, in any court competent to the trial thereof, in the said District, shall be punished by imprisonment and confinement to hard labor in the penitentiary, for a term not exceeding ten years, in the discretion of the court. SEC. 2. And be it further enacted, That if any person shall give or send, or cause to be given or sent, to any person in the District of Columbia, any challenge to fight a duel, or to engage in single combat with any deadly or dangerous instrument or weapon whatever, or if any person in said District shall accept any challenge to fight a duel, or to engage in single combat with any deadly or dangerous instrument or weapon whatever, or shall be the bearer of any such challenge, every person so giving or sending, or causing to be given or sent, or accepting such challenge or being the bearer thereof, and every person aiding or abetting in the giving, sending, or accepting such challenge, shall be deemed guilty of a high crime and misdemeanor, and on conviction thereof in any court competent to try the same in the said District, shall be punished by imprisonment and confinement to hard labor in the penitentiary, for a term not exceeding five years, in the discretion of the court. SEC. 3. And be it further enacted, That if any person shall assault, strike, beat, or wound, or cause to be assaulted, stricken, beaten, or wounded, any person in the District of Columbia, for declining or refusing to accept any challenge to fight a duel, or to engage in single combat with any deadly or dangerous instrument or weapon whatever, or shall post or publish, or cause to be posted or published, any writing charging any such person so declining or refusing to accept any such challenge, to be a coward, or using any other opprobrious or injurious language therein, tending to degrade and disgrace such person for so declining or refusing such challenge, every person so offending, on conviction thereof, in any court competent to the trial thereof, in the said District, shall be punished by confinement to hard labor in the penitentiary, for a term not exceeding three years, in the discretion of the court. SEC. 4. And be it further enacted, That, if any person or persons, for the purpose of evading the provisions of this act, shall leave the District of Columbia, by previous arrangement or concert within the same, with intent to give or receive any such challenge without said District, and shall give or receive any such challenge accordingly, the person or persons so offending shall be deemed guilty of a misdemeanor, and be subject to the same penalties as if such challenge had been given and received within said district. SEC. 5. And be it further enacted, That every offender may plead a former conviction or acquittal for the same offence in any State or country; and the same, being established, shall be a bar to any further proceedings against such person under the next preceding section of this act. SEC. 6. And be it further enacted, That any person offending against Evidence, &c. the provisions of this act may be a competent witness against any other person offending in the same transaction, and may, at the discretion of the court, be compelled to give evidence before any grand jury, or on any trial in court; but the person so testifying shall not thereafter be liable to prosecution for the same matter, nor shall the testimony so given be used against him in any case whatsoever. SEC. 7. And be it further enacted, That, in addition to the oath now prescribed by law to be administered to the grand jury in the District of Columbia, they shall be sworn faithfully and impartially to inquire into, and true presentment make of all offences against this act. APPROVED, February 20, 1839. Grand jury to be sworn, &c. STATUTE III. CHAP. XXXI.-An Act to amend an act entitled "An act to establish a criminal Feb. 20, 1839. court in the District of Columbia." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the judge of the said criminal court, from sickness, or any other legal cause, shall be unable to hold the said court, he shall give notice thereof to the chief judge of the circuit court of the District of Columbia, who, if not prevented by sickness or other legal cause, on receiving such notice, shall hold the said court during the temporary inability of the judge of the said court; and if the chief judge of the said circuit Act of July 7, 1838, ch. 192. In case of inability of the judge of the crifrom sickness, minal court, &c. |
