Page:United States Statutes at Large Volume 5.djvu/350

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314 TWENTY-FIFTH CONGRESS. Sess. III. Ch. 4. 1839. 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 un amendment. An ,ddm,,,m] Sm;. 5. Anti be it further enacteci, That there Shall be an additional term of Middle term of the circuit court for the Middle District held at Nashville, in w·‘° b° wd- each year, on the first 'Monday of March, which shall be held by the district judge of the United States for the Smtehof 'lsiennessee, and should any question of law be raise in any cause the said district jud e may, at his discretion, adjourn the cause to the succeeding term of tge circuit court. Rules of U. S. Sec. 6. And be itfurzher enacted, That the rules of the circuit courts $°*¥ °°¤“¤ in of the United States in West Tennessee, heretofore adopted, shall be in ,0 in ;°,%$::§° full force and effect in the court established by this act, and the act to inlgnshgsutrt fi which this is au amendment, until the same are altered by law or by the M Y judges of said court. °g,Qig’,°;,,, oh Sec. 7: Arid be it further enacted, That all suits·iiereafter to be {coil natuirg to brought m either of the courts 0;`atd1<i1)eU{)11tBd1?t&t€S 21 the State of ° ’°“€ tm Tennessee not of a local nature s roug t in the court of the g;;f$,,“Q;g,i,};° district where the defendant resides or may be found at the time of the dpfendam re- service of the writ; but if there be more than one defendant, and they '*d°°· &°· reside in diiferent districts, the plaintiff may sue m 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 u 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. Aspecial mgm Sm;. 8. And be xlfurther enacted, That there shall be held at Knoxgiahgogg-:*'· ville, on the third onday of April next, u special term of the circuit the dm 0;°E_ court of the United States for the District of East Tennessee, by the

 to district judge of said district, at which term shall be beard and tried all

° ° • °· 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 g;f,f:1;';1g'g_ them, of the circuit courts of the United States, shall have power to mm; (yum at direct said courts to be adjourned over, to some future day, designated the pluooywhem in a written order to the clerk of either of said courts, whenever there 21‘g,"§:f5; ***3; is a dangerous and general disease at the place where said court is mm may gd, usually holden; and the adjournment over, by the clerk, in the absence jcum, Sw. of the judges, shall have the same force and eifect as if the judges had been present. Armovmn, January 18, 1839. Srnum III. ----— Inn. 25, 1839. Cmp. IV.-dn Act further to regulate the transportation of the mail upon rail- Act of March walk' jgclagh °h-*3· Be it enacted by the Senate and House of Representatives of the Afycvjanm to United States of America in Congress assembled, That the Postmaster rgilmad oompa- General shall not, by virtue of the authorlty vested in him by the second

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3l*3'g':*€ section of the "Act to establish certain post routes and to discontinue

July ·}_ 1838, ° others," approved July seventh, eighteen hundred and thirty-eight, allow eh. 172, eec. 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 upo;1 the powey of the Postmaster General imposed by that section. 1>1-uovm>, anuary 25, 1839.