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where the des

sue is either, &c.

1838. resides; but if there be more than one defendant, and they

reside in different districts, the plaintiff may sue in either, and &c. l there be sent a duplicate writ against the defendant, directed to the more than one marshal of the other district, on which the plaintiff or his atthey shall reside torney shall endorse that the writ thus sent is a copy of a writ the plaintiff may sued out of the 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. The judge of

Sec. 5. And be it further enacted, That the judge of the main course the said courts shall appoint a clerk of the district court of the ihe northern dist. northern district, who shall reside and keep his office, and the desio duties, fees, records and documents appertaining thereto, at the place of

holding said courts ; said clerk shall be entitled to the same fees allowed by law to the clerk of the other district of the State of Mississippi, perform the like duties, and be subject to the same liabilities and penalties.

. Sec. 6. And be it further enacted, That a marshal and disdist. ally. to be appointed for the trict attorney shall be appointed in the northern district of the their duties and State aforesaid, having the same duties and liabilities, in all

respects, as are now possessed by the marshal and district

attorney, respectively, in the State of Mississippi ; and the said The marshal to marshal is hereby required to give the same bonds that other fonds as are re- marshals are required to give under the laws of the United quired by law of

States, to be approved of and recorded as now directed by law

Sec. 7. And be it further enacted, That the marshal and dist, aty of the district attorney for the northern district, shall have the same

salaries, fees and compensation, as are allowed and paid to the salaries, doca as other marshal and district attorney for the State of Mississippi,

under the laws of the United States. alty. of Miss.

Approved, June 18th, 1838.

A marshal and

liabilities.

tne other marshals.

Marshal and

northern dist. to have the same

ahal and dist.

and marked.

CHAP. 116. An ACT to authorize the President of the United States to cause the

southern boundary, line of the Territory of Iowa to be ascertained and marked.

[Sec. 1.) Be it enacted, by the Senate and House of Repre

sentatives of the United States of America in Congress asPresident to sembled, That the President of the United States be, and he is can be the anyth- hereby, `authorized to cause to be surveyed, ascertained and Which do wides se distinctly marked, the southern boundary line of the Territory from Missouri w of Iowa, west of the Mississippi river, which divides said Ter ritory from the State of Missouri ; and that, for that purpose

he opere id commin. shall appoint a commissioner on the part of the United States, sioner to act with who (with the aid of such surveyor or surveyors as may

necessary) shall unite or act in conjunction with a commissioner tunning, &c. the to be appointed by the State of Missouri and a commissioner

to be appointed by the Governor of the Territory of Iowa, in running, marking, and ascertaining said boundary line; and that it shall be the duty of the commissioner so to be appointed by the President as aforesaid, after he shall have ascertained, run, and marked said boundary line, to make three maps or

be

souri and one from lowa, in

line.

.

plats thereof, with a description or survey-bill thereof appended 1838.
to each map or plat ; one of which shall be returned to the Commissioner
office of Secretary of State for the United States, one to the appointed by the
office of Secretary of State for the State of Missouri, and one to make three mape

&
the Secretary of the Territory of Iowa, and the said commis-
sioner on the part of the United States shall also make a full
report of his proceedings in the premises to the Secretary of
State for the United States.

Sec. 2. And be it further enacted, That the said boundary Sald line to be line shall be run or surveyed, ascertained, and marked in all ing to the provi. respects according to, and in pursuance of the provisions of our other be facis the following acts, wherein the said boundary line is defined 1820, and Tih and described, to wit: an act of Congress of the sixth March, eighteen hundred and twenty, entitled “An act to authorize the people of Missouri Territory to form a constitution and State Government and for the admission of such State into the Union on an equal footing with the original States, and to prohibit slavery in certain Territories;" and an act of the seventh June, eighteen hundred and thirty-six, entitled "An act to extend the western boundary of the State of Missouri to the Missouri river:” Provided however, that if either or both Provisa of said commissioners to be appointed on the part of the State of Missouri and Territory of Iowa should fail to attend to the aforesaid duty, after reasonable notice by the commissioner on the part of the United States, or if the State of Missouri, or Governor of Iowa, or either of them should fail to appoint such commissioner on their part, respectively, after reasonable notice from the President of the United States, then, and in that case, the commissioner appointed on the part of the United States, shall proceed to execute the duties enjoined by this act with either of said commissioners who may attend, or without the attendance of either or both of said commissioners, as the case may

be. Sec. 3. And be it further enacted, That the line to be so run The line shall ascertained, and marked, shall not be deemed to be finally esta- be finally esta blished and ratified by the United States, until the map or plat, fied by the U.S., and description aforesaid, and also the said report of the com- until, &c. missioner shall be submitted to, and the boundary, as thus ascertained and marked, approved of and ratified by the Congress of the United States.

SEC. 4. And be it further enacted, That, for the purpose of $4,000 approcarrying into effect the provisions of this act, the sum of four ing this act inió thousand dollars, be, and the same is hereby, appropriated, out

effech of any money in the Treasury not otherwise appropriated.

Approved, June 18th, 1838.

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CHAP. 117. An ACT making an appropriation for completing the public buildings

in Wisconsin.
[Sec. 1.] Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress as-

1838.

sembled, That the sum of twenty thousand dollars be, and the 21000 appro- same is hereby, granted and appropriated, out of any unappreting the put propriated money in the Treasury, to defray the expenses of fic buildings in completing the public buildings in the Territory of Wisconsin,

which are now commenced and partially completed; which

said sum, or so much thereof as may be necessary for that purTo be expend. pose, shall be expended according to the act of the Legislative ad act of the Lo Assembly of Wisconsin, entitled “An act to establish the seat gislative Assem- of Government of the Territory of Wisconsin, and to provide

for the erection of public buildings," approved December thirty, eighteen hundred and thirty-six : Provided, That the commissioners elected in pursuance of the third section of said act, shall cause the said money to be so expended as to accomplish the completion or finishing of said buildings without further expense to the United States.

Approved, June 18th, 1838.

December 30, 1636.

Proviso

in the western

ed by the dist. courts of E. and

CHAP. 118. An ACT to require the judge of the district courts of East and West

Tennessee to hold a court at Jackson, in said State. [Sec. 1.) Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress asA dist. court, sembled, That a district court of the United States be, and the U.S. established

same is hereby, established in the western district of the State dist . of Tennes- of Tennessee, for the counties of Benton, Carroll, Henry, Obion,

Dyer, Gibson, Lauderdale, Haywood, Tipton, Shelby, Fayette,

Hardeman, McNairy, Hardin, and Perry; and that the said To he holden court be holden annually on the third Monday in September, third Monday in at the town of Jackson, in the county of Madison, in said Sept. at Jackson.

State. Invested with Sec. 2. And be it further enacted, That the said district all the jurisdicie court shall be invested with, and exercise, all and every spe

cies of jurisdiction now exercised by the district courts of East W. Tennessee. and West Tennessee.

To be holden SEC. 3. And be it further enacted, That the said court shall the disz. cours or be holden by the judge of the said district courts of East and E. and W. Ten. West Tennessee.

lovested with Sec. 4. And be it further enacted, That in addition to the concurrent juris jurisdiction hereby invested in said court, it be invested with cil cases now ex. the exercise of concurrent jurisdiction in all civil cases now ercised by the U.

exercised by the circuit courts of the United States; and that

in all cases where said court shall exercise such jurisdiction, Appeals may be appeals may be taken from the judgments, orders, or decrees saken to the U.S. of said court to the Supreme Court of the United States, in the Supreme Court.

same manner, and upon the same conditions, as appeals may

be taken from the circuit courts. Judge to ap

Sec. 5. And be it further enacted, That at the first term of point a clerk.

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 Duties of the Tennessee; and that the said clerk perform such duties in re

neseve.

the exercise of

8. circuit courts.

clerk.

of this court.

3d

gard to the proceedings, orders, judgments, and decrees of said 1838. court, as are required by law to be performed by the same officers in the said district courts of East and West Tennessee.

Sec. 6. And be it further enacted, That all laws now in Laws regulatforce regulating the emanation, execution, and return of the ing the emana process of said district courts of East and West Tennessee dist. courts of E. shall, in all things, regulate the emanation, execucion, and re-shall regulate the

emanation, &c. turn of process in the said district court.

Sec. 7. And be it further enacted, That if from any cause judge fail to open the judge of said court shall fail to attend and open court on the court by four the first day thereof, then, and in that case, the said court shall day, it shall stand adjourned from day to day, until four o'clock of the wo the next terin. third; and in case he shall fail to attend and open said court by that time, the said court shall stand adjourned until the first day of the next term.

Sec. 8. And be it further enacted, That in case the judge In case the of said court, from any cause, shall fail to hold a regular term a regular term of of said court, it shall be his duty, if in his opinion the busi-the digestion et ness in said court shall require, to hold an intermediate term of opinion, the busaid court, at such time as he shall, by his order, under his hand court require in, and seal, direct, addressed to the clerk and marshal of said diate term, &c. 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 said district the same length of time.

Sec. 9. And be it further enacted, That the clerk of said Clerks' fees court shall be entitled to receive such fees and emoluments for his services as are now allowed by law for like services to the clerks of said district courts of East and West Tennessee.

Sec. 10. And be it further enacted, That a marshal shall A marshal to be appointed for said court, whose duty it shall be to execute his duties, salary. all orders, judgments, and decrees of said court now authorized and fees. by law, and that he receive for his services the sum of two hundred dollars, to be paid out of the public Treasury; and that he be allowed the same fees as are allowed for the same services in the courts of East and West Tennessee.

Sec. 11. And be it further enacted, That a district attorney A distnet alof the United States be appointed for said court who shall pointed the cap receive in addition to the usual fees of office, the sum of two shall receive, hundred dollars annually, to be paid out of the public Treasury addition to the of the United States.

Approved, June 18th, 1838.

hold an interme

CHAP. 119. An ACT to grant pre-emption rights to settlers on the public lands.

[Sec. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That every actual settler of the public lands, being Qualifications the head of a family, or over twenty-one years of age, who title settlers to was in possession and a housekeeper, by personal residence the benefits and thereon, at the time of the passage of this act, and for four 29th May 1830. months next preceding, shall be entitled to all the benefits and

years.

Proviso.

1838. privileges of an act entitled “An act to grant pre-emption Act 29th May rights to settlers on the public lands,” approved May twentycontinued wriwo ninth eighteen hundred and thirty, and the said act is hereby Proviso.

revived and continued in force two years: Provided, That where more than one person may have settled upon and cultivated any one quarter section of land, each one of them shall have an equal share or 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 pre-emption 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, railroad, or other public improvement on the route of such canal, railroad, 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 : Provigo. 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

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