there be appropriated, out of any money in the Treasury not otherwise appropriated, the following sums:
Commissioner’s salary.For the salary of the commissioner, two thousand five hundred dollars;
Surveyor’s salary.For the salary of the surveyor, two thousand dollars;
Clerk’s salary.
Salaries when to commence.For the salary of the clerk, one thousand two hundred dollars: Provided, That the salaries of the said officers shall not commence until they shall be ordered into service.
Contingent expenses.For other expenses of the survey of boundary required by said convention, including the purchase of instruments, wages to persons employed, 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 district of East and West Tennessee to hold a court at Jackson, in said State,” approved June eighteenth, eighteen hundred and thirty-eight.[1]
Act of June 18, 1838, ch. 118.
District of West Tennessee.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to the counties specified in the first section 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 the said State of Tennessee, formerly composing the district of West Tennessee, shall compose one district, to beMiddle dist. of Tennessee. called the Middle District of Tennessee.
The court to be held at Jackson.Sec. 2. And be it further enacted, That the court to be held at Jackson, in addition to the ordinary jurisdiction and power of a district court, shall, 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 cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court.
Said court to be held annually.Sec. 3. And be it 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, 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 of said court; and the said writsWrits, &c. when and how returnable. and other process may also bear test on the first Monday in October, as though a session of the 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.
Duties and liabilities of the marshal, &c.Sec. 4. And be it further enacted, That the marshal appointed by virtue of this act to which this is an amendment, shall execute throughout his district all lawful precepts directed to him, and issued under the 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;Proviso. Provided, That the marshal of the Middle District, formerly termed the district of West Tennessee, shall have power and authority to collect the executions issued or to be issued upon judgment 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