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United States Statutes at Large/Volume 2/10th Congress/1st Session/Chapter 38

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March 22, 1808.
Chap. XXXVIII.—An Act to amend the act intituled “An act establishing circuit courts and abridging the jurisdiction of the district courts of the districts of Kentucky, Tennessee and Ohio.”

Act of March 23, 1804, ch. 31.
Act of Feb. 24, 1807, ch. 16.
Act of Feb. 4, 1809, ch. 14.
Part of a former law repealed.
State of Tennessee divided into two districts.
Limits of districts.
A circuit court to be annually holden in each.
Sessions of the court.
Cause continued over, &c. &c.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the second section of the act, intituled “An act establishing circuit courts, and abridging the jurisdiction of the district courts of the districts of Kentucky, Tennessee and Ohio,” passed the twenty-fourth day of February, eighteen hundred and seven, constituting the state of Tennessee one district, for the purpose of holding circuit courts therein, shall be, and is hereby repealed, and from and after the passage of this act, the state of Tennessee shall be divided into two districts, for the purpose of holding circuit courts therein, and the limits of the said districts shall be the same as those now prescribed for the districts of East and West Tennessee, in and by the fourth section of the above recited act, and there shall be holden annually in each of the said two districts, one circuit court, to consist of one justice of the supreme court of the United States and the district judge of the said districts of East and West Tennessee, and the sessions of the said courts shall be held in each of the said districts, at Nashville on the second Monday in June, and at Knoxville on the third Monday in October annually, and that all actions, causes, pleas, processes and other proceedings relative to any cause civil or criminal, which shall be returnable to, or depending in the said circuit court of the United States, to be held at Nashville on the first Monday of June next, shall be returned, and held continued to, and be proceeded upon, on the second Monday in June next, in the same manner they would have been if this change had not taken place.

In what courts suits shall be brought and determined.Sec. 2. And be it further enacted, That where any suit or suits has or have been brought, or is or are now pending before the circuit court held at Knoxville, in and for the district of East Tennessee, against a person residing in said district of East Tennessee, such suit or suits shall be proceeded upon and finally determined in the district of East Tennessee, and where any suit or suits has or have been brought, or is or are now pending before the circuit court held at Nashville, in and for the district of West Tennessee, against a person residing in the said district of West Tennessee, such suit or suits shall be proceeded upon and finally determined in the district of West Tennessee.

Rules to be held for the districts—at what times, &c. &c.Sec. 3. And be it further enacted, That it shall be the duty of the district judge of Tennessee to attend at Knoxville on the first Thursday after the third Monday in April next, and on the first Thursday after the third Monday in April of each and every year thereafter, and at Nashville on the first Thursday after the fourth Monday in November next, and on the first Thursday after the fourth Monday in November of each and every year thereafter, who shall have power to make all necessary orders touching any suit, action, appeal, writ of error, process, pleadings, or proceedings returned to the circuit court next to be holden thereafter at Knoxville, and Nashville, or depending therein, preparatory to the hearing, trial, or decision of such action, suit, appeal, writ of error, process, pleadings or proceedings;Process and proceedings to be regulated accordingly. and all writs and process may be returnable to the said courts on the first Thursday after the third Monday in April, at Knoxville, and on the first Thursday after the fourth Monday in November, at Nashville, in the same manner as to the sessions of the circuit court, directed to be held by this act in the district of East Tennessee, at Knoxville, and in the district of West Tennessee, at Nashville; and the said writs, returnable to the circuit courts to be held at Knoxville, may also bear test on the said first Thursday after the third Monday in April; and the writs returnable to the circuit court to be held at Nashville may bear test on the first Thursday after the fourth Monday in November, as though a session of the said circuit court was holden on those days at Knoxville and Nashville respectively.

Clerks of circuit courts to be appointed, &c. &c. for each circuit.Sec. 4. And be it further enacted, That there shall be two clerks appointed, one for the circuit court to be held at Knoxville, and one for the circuit court to be held at Nashville, whose duty it shall be to attend the said district judge on the said first Thursday after the third Monday in April, and on the said first Thursday after the fourth Monday in November, of each and every year, at the places aforesaid, who shall make due entry of all such matters and things as shall or may be ordered by the said judge, and at each and every of the said sessions so held for the purpose aforesaid, all actions, pleas, and other proceedings relative to any cause, civil or criminal, shall, for the circuit court to be held at Nashville, be continued over to the ensuing second Monday in June, and shall, for the circuit court to be held at Knoxville, be continued over to the ensuing third Monday in October.

Causes to be continued over, which were commenced at Nashville and Knoxville.Sec. 5. And be it further enacted, That all actions, suits, process, pleadings, and other proceedings, of what nature or kind soever, civil or criminal, which were originally returned to the circuit court begun and held at Nashville, on the first Monday in June last; and all writs, process, and proceedings, as aforesaid, which are, [or] may be made returnable to the said circuit court to be held at Nashville, shall, after the next June term of the circuit court, be continued, returned to, and have day in the session to be held by this act, on the first Thursday after the fourth Monday in November next, and all actions, suits, process, pleadings and other proceedings of what nature or kind soever, civil or criminal, which were originally returned to the circuit court begun and held at Knoxville, on the third Monday in October last; and all writs, process, and pleadings as aforesaid which are or may be made returnable to the said circuit court, shall be continued, returned to, and have day in the session to be held by this act, on the first Thursday after the third Monday in April next; and such proceedings shall be had thereon, at the said session, as are herein before provided.

Approved, March 13, 1808.