Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1849-06-29

dance with the third section of this act But
nothing herein contained shall prevent the
said district court, by general rule, from regu
laiing the venue of iraEsitofy actions, either
| in law or in equity, and from changing the
same for good cause to be shown.
SEC. 2. 1,sd be 1t further enacted, That all
issues now pending in the said district cour
shall be tried at the places above prescribed
for holding such court, within the division
where the cause of action may have arisen
unless otherwise ordered by said court. in pur.
suance of the authority given in the first sec.
ton of this act; and no process issued, or pro.
ceedings pending. in the said district court
shall be avoided or impaired by this change Of
the time and place of holding such court but
all process, bail bonds, and recognizances, re.
turnable at the next term of the said court
shall be returnable and reiu ned to the court
next held at the appropriate place, according
to this act, in the same manner as if 30 made
returnable on the face thereof, and shall have
full effect accordingly; and all continuances
may be made to conform to the provisions oil
this act.
SEC. 8. And be It further enacted, That all
suits hereafter to be brought IN the said dis.
trict court, not of local nature, shall be
brought IN a court of the division of the dis.
trict where the defendant resides; but if there
be more than one defendant, and they reside
in different divisions of the district, the plain
tiff may sue in either division, and send du.
plicate writ or writs to the other defendants
on which the plaintiff or bis attorney shall
endorse that the writ thus sent is a copy of a
writ sued out of court of the proper division
of the said district and the said wrts, when
executed and returned into the Office from
which they issued, shall constitute one suit,
and be proceeded in accordingly.
SEC 4 Ind be it further enacted, That it
shall be lawful for the clerk of the district
court for the district of Iowa to appoint dep
uty at each of the places prescribed for hold
ing terms of the said court, who, in his alb
sence, may exercise all the official powers of
the said clerk, at the place and within the d.
vision of the said district for which he may
have been appointed. And such deputy, be-.
fore he enters on the discharge of his duties,
shall take the usual oath for the faithful per.
Torrance of his duties as such deputy. And
nothing herein contained shall be held to ex-
cuse or release the said clerk from legal res.
possibility for acts performed by his said de-
putty, in behalf of said clerk in the Office afore
said.
Sec 5. And be it further enacted, That the
district attorney and marshal of the district of
Iowa shall, respectively, perform the duties of
district attorney and marshal of and for the
northern, middle, and southern divisions of
the district of Iowa, as established by this act ;
and the said marshal shall keep an Office at
each of the places where the sessions OF the
said district court are directed TO be held, and
his charges for mileage, in the execution of
the duties of his Office within the said district,
shall be computed from the city of Iowa.
SEC 6. And be it further enacted. That in
addition to the ordinary jurisdiction and pow
ers of district court of the United States,
with which the district court of Iowa has been
invested, it be, and is hereby invested, within
the limits of said district. with the exercise of
concurrent jurisdiction and power in all civil
cases now exercised by the circuit courts OF
the United States and that in all cases where
said court shall exercise such jurisdiction.
writs of error and appeals shall be allowed
and taken from the judgments. orders, or de-
crees 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
SEC. 7. And be it further enact-d, That all
acts and parts OF acts inconsistent with the
provisions of this act be, and the same are
hereby, repealed.
Approved March 8, lS49.
[PUBL1c-No. Sc IAN Act to transfer the
towns of Vinal Haven, North Haven, and
Islesboro', from the collection district of
Penobscot to that of Belfast, in the State of
Maine
Be it enacted by the Senate and House of
Representatives Of the United States of Amer
ica tn Congress: assembled, That the towns of
Vinal Haven, North Haven, and Islesboro', in
the State of Maine, now included in the COL
lection district of Penobscot, shall hereafter
be included in and constitute a part of the COL
lection district of Belfast.
Approved March 8, l849.
[PUBLIc-No. 57.l-An Act TO provide for
the settlement of the accounts of public of
fcers and others who may have received
moneys arising from military contributions.
or otherwise, in Mexico.
Be it enacted By the Senate and House of
Representatives of the United States Of Amer
lea an Congress assembled, That all moneys
raised in Mexico by contributions, or other
wise. and received by any officer of the Uni
ted States army, or navy, shall be charged
against such officer, on the books of the Treas
ury Department, and accounted for by him in
received had been drawn from the treasury of
the United States; and if any part of said mo-
neys shall have been expended for objects not
usually embraced among those for which APP
preparations are made for that branch of the
service to which the officer belongs, the sums
so expended shall not be passed to the credit
of the officer, except, in the case of an officer
of the army, on the certificate OF the Secreta-
| ry OF War, that the amount expended was
properly disbursed, and for the public service,
and, in case of any officer of the navy. on a
like certificate of the Secretary of the Navy /;
and on the adjustment of the accounts of the
officer, if any balance shall appear to remain
in the hands of such officer, the same shall be
paid into the treasury of the United States for
general purposes And any such officer hav-
| ing such balance in his hands, who, after be-
ing duly required, shall refuse or neglect to
pay over the same, or who shall, after due
notice, fail to settle his accounts. shall be pro.
ceeded against in the same manner as is pro-
vIded fo-, by existing laws, in the case of dis
bursting officers who neglect or refuse TO &C.
count for moneys drawn from the treasury of
the United States And all moneys received
by any officer, either as contributions or pen
allies, or as internal assessments and compen-
sations granted by the municipal authorities,
as we'll as all sums received by any officer OF
agent, acting as collector, shall be charged to.