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lars be appropriated for that purpose out of any money in the Treasury not otherwise appropriated.

APPROVED, July 9, 1838.

RESOLUTIONS. March 19, 1838. No. 1. Joint Resolution, authorizing the Commissioner of the Public Buildings to

cause the removal of the walls of the late Post Office Building.

Resolved by the Senate and House of Representatives of the United The walls of States of America in Congress assembled, That the Commissioner of the the late Post Office building

Public Buildings be, and he hereby is, authorized and directed to cause to be taken the walls of the late Post Office building to be taken down, and the down, &c. materials secured for use in the construction of any of the public build

ings authorized by law, and to which they may be advantageously Expenses, how applied; and to defray the expenses of the work, he be authorized to paid.

apply any unexpended balances of appropriations in his hands, but not exceeding in amount the sum of five hundred dollars."

APPROVED, March 19, 1838.

April 4, 1838. No. 2. A Resolution to authorize the Secretary of War to purchase a site for a

fort at or near the western boundary of Arkansas.

Resolved by the Senate and House of Representatives of the United Appropriation

States of America in Congress assembled, That out of the appropriafor the purchase tion of fifty thousand dollars, made in the year eighteen hundred and of a sile for a thirty-six, to remove the United States troops from Fort Gibson, the fort.

Secretary of War be authorized and directed to take a sum not exceeding fifteen thousand dollars to purchase for the United States a site for a fort at or near the western boundary of Arkansas.

APPROVED, April 4, 1838.

May 31, 1838. No. 4. A Resolution relating to the public revenue and dues to the Government.

Resolved by the Senate and House of Representatives of the United No difference States of America in Congress assembled, That it shall not be lawful for to be made be.

the Secretary of the Treasury to make or to continue in force, any tween the different branches of general order, which shall create any difference between the different the revenue, as branches of revenue, as to the money or medium of payment, in which to the money of debts or dues, accruing to the United States, may be paid. payment.

APPROVED, May 31, 1938.

June 12, 1838. No.5. A Resolution to disapprove and disaffirm an act of the Legislative Council of

the Wisconsin Territory chartering a bank.

Resolved by the Senate and House of Representatives of the United Congress dis- States of America in Congress assembled, That Congress do, hereby, sent from, dis.

dissent from, disapprove, and disaffirm the act of the Legislative Counapprove, and disaffirm the act

cil of Wisconsin, entitled “ An act to incorporate the stockholders of of the Legisla. the State Bank of Wisconsin at Prairie du Chien,” a copy of which said tive Council of act has, during the present session of Congress, been presented for its corporating the action, and for confirmation or disapproval; and the said act of the State Bank of Legislative Council of the said Territory is hereby declared to be null Wisconsin.

and void, and to have no force or effect whatsoever as a law of the said Territory.

APPROVED, June 12, 1838.

No. 6. Joint Resolution in favor of the authorities of the city of Savannah, in June 18, 1838.

the State of Georgia. Resolved by the Senate and House of Representatives of the United The city auStates of America in Congress assembled, That the authorities of the thorities of Sacity of Savannah, in the State of Georgia, be, and they are hereby, au: ized to reopen thorized to reopen Reynolds and Wright streets, where they were closed Reynolds and by the works of Fort Wayne; and, also, to continue Bay street through Wright streets,

and to continue the lands belonging to the United States in said city, and which form

Bay street. the site of Fort Wayne.

APPROVED, June 18, 1838.

No. 7. A Resolution for the benefit of the widows of certain revolutionary officers July 7, 1838.

and soldiers. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the benefits of the The benefits third section of an act entitled “ An act granting half pay to widows of 3d section of or orphans where their husbands and fathers have died of wounds re- 1836, ch. 362, ceived in the military service of the United States in certain cases, and extended to wifor other purposes," approved the fourth day of July, eighteen hundred dows whose and thirty-six, shall not be withheld from any widow whose husband has died, or shall died since the passage of the said act, or who shall hereafter die, if said die since the widow shall otherwise be entitled to the same.

passage of said

act. APPROVED, July 7, 1838.

ACTS OF THE TWENTY-FIFTH CONGRESS

OF THE

UNITED STATES,

Passed at the third session, which was begun and held at the City of

Washington, in the district of Columbia, on Monday, the 3d day

of December, 1838, and ended the 3d day of March, 1839. Martin Van BUREN, President. Richard M. Johnson, Vice Presi

dent of the United States, and President of the Senate. James K. Polk, Speaker of the House of Representatives.

STATUTE III. Dec. 22, 1838. Chap. I.–An Act making appropriations, in part, for the support of Government,

for the years eighteen hundred and thirty-eight and eighteen hundred and thirty(Obsolete.)

nine.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That the following Appropriations, sums be, and the same are hereby, appropriated, to be paid out of any

unappropriated money in the Treasury, viz: Pay and mile. For pay and mileage of members of Congress and Delegates, three age of members hundred and seventy thousand nine hundred and forty-four dollars; Pay of officers

For pay of the officers and clerks of the Senate and House of Repreof Congress. sentatives, forty-three thousand four hundred dollars; Cont. exp. of

For stationery, fuel, printing, and all other incidental and contingent Senate. expenses of the Senate, thirty-five thousand dollars ;

Cont. exp. of For stationery, fuel, printing, and all other incidental and contingent House of Rep- expenses of the House of Representatives, one hundred thousand dolresentatives.

lars.

The said two sums last mentioned to be applied to the payment of the ordinary expenditures of the Senate and House of Representatives severally, and to no other purpose.

APPROVED, December 22, 1838. STATUTE III. Jan. 11, 1839. CHAP. II.–An Act to provide for carrying into effect the convention between the

United Slates of America and the Republic of Texas for marking the boundary Act of May 18,

between them. (a) 1842, ch. 29.

Be it enacted by the Senate and House of Representatives of the Commissioner United States of America in Congress assembled, That the commisand surveyor, how appointed.

sioner and surveyor to be appointed on the part of the United States, according to the first article of the convention between the United States of America and the Republic of Texas for marking the boundary between them, concluded April twenty-fifth, eighteen hundred and thirty

eight, be severally appointed by the President of the United States, by A clerk to be

and with the consent of the Senate, together with a clerk to the said appointed in the commissioner, to be appointed in the same manner; and that for the

purpose of carrying into effect the said first article of said convention,

same manner.

(a) An act for the relief of persons residing within the reputed limits of the States of Arkansas or Louisiana, and beyond the boundary line between the United States and the republic of Texas, as established by the commissioners appointed to ascertain the same; June 15, 1844, chap. 75. A joint resolution for annexing Texas to the United States, March 1, 1845.

to commence.

see.

son.

there be appropriated, out of any money in the Treasury not otherwise appropriated, the following sums:

For the salary of the commissioner, two thousand five hundred dol- Commissionlars;

er's salary. For the salary of the surveyor, two thousand dollars;

Surveyor's sa

lary. For the salary of the clerk, one thousand two hundred dollars : Pro

Clerk's salary. vided, That the salaries of the said officers shall not commence until Salaries when they shall be ordered into service.

for other expenses of the survey of boundary required by said con- Contingent ex vention, including the purchase of instruments, wages to persons em- penses. ployed, and other contingencies, ten thousand dollars. APPROVED, January 11, 1839.

STATUTE III. Chap. III.-An Act to amend an act entitled An act to require the judge of the Jan. 18, 1839. district of East and West Tennessee to hold a court at Jackson, in said State,"

Act of June 18, approved June eighteenth, eighteen hundred and thirty-eight. (a)

1838, ch. 118. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to the counties specified District of in the first section of the act to which this is an amendment, the coun

West Tennesties of Madison, Henderson, and Weakly, are hereby added to compose the district of West Tennessee, and the residue of the counties of the said State of Tennessee, formerly composing the district of West Tennessee, shall compose one district, to be called the Middle District of Middle dist. Tennessee.

of Tennessee. Sec. 2. And be it further enacted, That the court to be held at Jackson, The court to in addition to the ordinary jurisdiction and power of a district court, shall, be held at Jackwithin 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 cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court.

Sec. 3. And be it further [enacted,] That the said court shall be held Said court to annually on the first Monday in April, at the town of Jackson, in the county be held annu

ally. of Madison, in said State, and all writs 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 to the regular sessions said court; and the said writs and other process may also Writs, &c. bear test on the first Monday in October, as though a session of the when and how

returnable. court was held on that day at Jackson; and writs and other process issued previously to the first Monday in April next may bear test as on the first Monday in October last.

Sec. 4. And be it further enacted, That the marshal appointed by Duties and liavirtue of the act to which this is an amendment, shall execute through- bilities of the out his district all lawful precepts directed to him, and issued under the marshal, &c. authority of the United States, and shall have the same power, perform the same duties, and be under the same liabilities within his district as is conferred by law upon the other marshals of the United States within their respective districts; Provided, That the marshal of the Middle Proviso. District, formerly termed the district of West Tennessee, shall have power and authority to collect the executions issued or to be issued upon judgments and decrees heretofore rendered in the circuit court of the United States, at Nashville, and to serve and execute all process necessary to enforce such judgments, orders, or decrees, as if this act, or the act to which this is an amendment, had not passed; and all writs of scire facias and other process upon the said judgments and decrees, or upon suits now pending in said circuit court, at Nashville, shall also be

(a) Circuit courts in Tennessee, vol. 2, pages 420, 477,516, 693; act of March 3, 1839, chap. 80, sec. 2; act of July 4, 1840, chap. 4, sec. 3; act of April 14, 1842, chap. 20; act of May 18, 1842, chap. 30; act of March 3, 1843, chap. 74. Vol. V.-40

2 B

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issued from said circuit court and returned to the same, to be proceeded in as would have been done before the passage of said act to which this

is an amendment. An additional Sec. 5. And be it further enacted, That there shall be an additional term of Middle term of the circuit court for the Middle District held at Nashville, in Dist. to be held, each year, on the first Monday of March, which shall be 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 cause to the succeeding term of the

circuit court. Rules of U. S. Sec. 6. And be it further enacted, That the rules of the circuit courts circuit courts in of the United States in West Tennessee, heretofore adopted, shall be in W. Tennessee to be enforced

full force and effect in the court established by this act, and the act to in the court es. which this is an amendment, until the same are altered by law or by the tablished by this judges of said court. act, &c. Suits, not of a

Sec. 7. And be it further enacted, That all suits hereafter to be local nature, to brought in either of the courts of the United States in the State of be brought in Tennessee, not of a local nature, shall be brought in the court of the dist. where the district where the defendant resides or may be found at the time of the defendant re- service of the writ; but if there be more than one defendant, and they sides, &c.

reside in different districts, the plaintiff may sue in either, and send a duplicate writ against the defendant, directed to the marshal of the other district, on which the plaintiff or his attorney shall endorse, that the writ thus sent is a copy of the writ sued out of the circuit or 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; and executions may issue thereon to the marshals of either district where the defendant or defendants may

reside, or their or either of their property may be situated. A special term Sec. 8. And be it further enacted, That there shall be held at Knoxof the U.S. cir- ville, on the third Monday of April next, a special term of the circuit cuit court for the dist. of E.

court of the United States for the District of East Tennessee, by the Tennessee to district judge of said district, at which term shall be heard and tried all be held, &c.

issues and matters cognizable at the regular term of said court. Whenever Sec. 9. And be it further enacted, That the judges or some one of there is a dan. gerous and ge

them, of the circuit courts of the United States, shall have power to neral disease at direct said courts to be adjourned over, to some future day, designated the place where in a written order to the clerk of either of said courts, whenever there the court is usually holden, the

is a dangerous and general disease at the place where said court is court may ad. usually holden; and the adjournment over, by the clerk, in the absence journ, &c. of the judges, shall have the same force and effect as if the judges had

APPROVED, January 18, 1839. STATUTE III. Jan. 25, 1839. Char. IV.-An Act further to regulate the transportation of the mail upon rail

roads. Act of March 3, 1845, ch. 48, Be it enacted by the Senate and House of Representatives of the Allowance to

United States of America in Congress assembled, That the Postmaster

General shall not, by virtue of the authority vested in him by the second nies for carrying section of the “Act to establish certain post routes and to discontinue mails, under act July 7, 1838,

others," approved July seventh, eighteen hundred and thirty-eight, allow ch. 172, sec. 2. more than three hundred dollars per mile per annum to any railroad

company in the United States for the conveyance of one or more daily mails

upon their roads : Provided, That nothing in this act contained shall be construed so as in any way to remove or impair the limitations upon

the

power of the Postmaster General imposed by that section. Approved, January 25, 1939.

been present.

sec. 19.

railroad compa

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