The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1839-03-06
TpY aUrRoRITY.l j
LAVE OF Tns UhIrso STATES PASSED AT THE
THIRD SESSION OF THE TwENTY-FIfTH
CONGRESS-.
TPuoLIc No. 81

AN ACT 10 amend an act entitled " An act TO re-
quire the Judge Of the district OF East and Wesl
Tennessee 10 hold a court at Jackson, IN SAID
State" approved june eighteenth, eighteen hun
dred and thirty eight.
BE enacted bg Tie Senate and Hoaee Of representa-
Tires The United States Of Amcriea in Congress as
ssastcd That to the counties specified in the brst
session of the act TO which this is an amendment,
the counties OF Madison, Henderson, and Weakly,
are hereby added to compose the district OF West
tennessee, and the residue OF the counties OF me
said State of Tennessee, formerly composing the
district of West Tennessee, shall compose one DIS
rici, to be called the Middle District Of Tennessee
Sec. 2. 1nd be II further enacted, That the court
TO be held al Jackson, in addition TO the ordinary
jurisdiction and power OF district court snail
within the limits Of its district, have jurisdiction
of all causes, except appeals and writs of error,
which now are, or hereafter may by law be, made
cognI Fable in circuit court, and shall proceed
therein in the same manner as circuit court
See. g. ind be h further enacted, That the said
court shall be held annually on the first Monday
IN April, at the town Of Jackson, in The county Of
Madison, in said State, aud all wrlts and other
process may be returnable TO such court on the
first Monday in April, and also at rules ON the first
Monday in October, in the same manner as 10 the
regular sessions Of said court and the said ~ritS
and other process may also bear test on The brst
Monday in October as though session OF the
court was held on that day AT Jackson ; aud wrlls
and other process issued previously TO the first
Monday in April next may bear test as on the iirSl
Monday in October last.
Sec 4. And be IL further enacted, That the mar
shal appointed by virtue Of the act To which this is
an amendment shall execute throughout his district
all lawful precepts directed to hIm, and issued un
der the authority of,he United States and shall have
tha same power, perform tho same duties, and be
under the liabilities within hs district as Is
conferred by law upon the other marshals OF the
United States within their respective districts: Pro
rided, That the marshal Of the Middle District, for
mery termed the district Of West Tennessee, shall
have power and authority to collect the executions
issued or to be issnod upon Judgments and DEGREES
heretofore rendered the circuit court OF the Unl-
ted States, at Nashville and 10 and execute all
process necessary TO enforce such judgments orders,
DEGREES if this act, the act to which this is
amendment, had not passed; and all wrils OF
scire facas and other process upon the said Judg-
msnts and decrees, or upon suits now pending IN
said circuit court at Nashville shall also be issued
from said circuit and returned TO the same, TO
be proceeded in as would have been done before the
passage Of said act to which this in an amendment,
Sec. 5 And be & further enacted That there shall
be an additional term Of tho circuit count Tor the
Middle District held at Nashville, in each year, on
tho first Monday Of March, which shall he held by
the district Judge Of the United States for the State
OF Tennessee, ,'and should any question Of law be
raised in any cause, the said district Judge may at
his discretion adjourn the to the succeeding
erm ol the circuit court.
Sec. G. And be IL further enacted. That the rules
ofthe circuit courts of the United States in West
Tennessee heretofore adopted. shall be in full force
and effect in the court established by this act, and
the act 10 winch this Il an amendment, until the
same are altered by law or by the judges of said
court.
Sec. 7. And be 1t further enaetsd That all suits
hereafter be brought in either Of the courts of the
United States in the State of Tennessee, not of Ia
local nature shall be brought in the court Of the dis
trct where the defendant resides or may be found at
the time of the service Of the writ; but If there be
more than one defendant, and they reside in differ
ent districts the plaintiff may in either, aud send
a duplicate writ against the defendant directed to
the marshal Of the other district, which the pain
tiff or bis attorney shall endorse that the writ thus
sent is copy Of the writ sued out of the circuit or
distrc. court Of the proper district; and the said
wri,s when executed aud 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
either of their property may be situated.
Sec. 3. And be It further enacted, That there
shall be held at Knoxville, on the third Monday of
April next special term of the circuit court 0 the
United Suites for tie District of Eas, Tennessee
by the district jddge Of said district at which term
shall be heard and tried all issues and matters cog
nizable at the regular term of said court
Sec. Q. dndbe further enacted That the judges,
or some one of them, Of the circuit courts of the
United States, shall have power 10 direct said
courts To be adjourned over 10 some fnture day
designated in a written order TO the clerk Of either
of said courts, whenever there is dangerous and
general dserSe, OF the place where said court is
usually holden and the adjournment over, by the
clerk, in the absence of the judges, shall have the
same force aud effect as it the judges had been
present.
JAMES X. POLK,
Speaker Of hs House Of Representatives.
RICHARD NJ. JOHNSON,
Tiee President Of the United States, and
President Of the Senate.