United States Statutes at Large/Volume 5/25th Congress/3rd Session/Chapter 27
Chap. XXVII.—An Act to amend “An act to reorganize the district courts of the United States in the State of Mississippi,” approved June eighteenth, eighteen hundred and thirty-eight.[1]
Act of June 18, 1838, ch. 115.
The court of the N. dist. of Mississippi shall have jurisdiction, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the court of the northern district of Mississippi, besides the ordinary jurisdiction of a district court, shall have jurisdiction of all causes, except appeals and writs of error, cognizable by law in a circuit court, and shall proceed therein in the same manner as a circuit court.
Sec. 2. And be it further enacted, That defendants residing in said northern district shall not be sued in the circuit court held at Jackson, except in the cases and in the mode prescribed by the fourth section of the act to which this is an amendment.
Appeals and writs of error shall be to supreme court U. S.Sec. 3. And be it further enacted, That all appeals and writs of error from the decisions of the said district court, when exercising the powers of a circuit court, shall be directly to the Supreme Court of the United States, in the same manner and under the same limitations and restrictions that they are now allowed by law from the circuit court.
The marshal for the several districts of Mississippi, in addition to the sale days now allowed by law, authorized to sell property on certain other days.
Proviso.Sec. 4. And be it further enacted, That the Marshal of the several districts in the State of Mississippi, in addition to the several sale days now allowed by law, may be authorized to sell property at the court-house of each county on Monday of each week, and on the first and second days of each term of the district court; and that he may, at the written request of the defendant, change the sale of property to the place where the United States court for his district is holden: Provided, in the opinion of the Marshal, the interest of the plaintiff would not be compromitted thereby.
Approved, February 16, 1839.