Chapter CXV. *to reorganize the district courts of the United States in the State of Mississippi.*(*a*)(*a*) See notes of acts relating to the district court of Mississippi, vol. 3, 611
831 words·~4 min read·
/statutes-at-large/vol-5/chapter-cxv-1081039·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chap. CXV.— An Act *to reorganize the district courts of the United States in the State of Mississippi.*(*a*)(*a*) See notes of acts relating to the district court of Mississippi, vol. 3, 611.June 18, 1838. 1839, ch. 27. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the State of Mississippi Mississippi divided into two districts. shall be, and the same is hereby, divided into two districts, in the following manner, to wit:
The counties of Noxubee, Winston, Attala, Carrol, Bolivar, Coahoma, Tunica, De Soto, Marshal, Tippah, Tishemingo, Northern district. Itawamba, Monroe, Lowndes, Oaktibbeha, Choctaw, Yalobusha, Tallehatcha, Ponola, Lafayette, Pontotoc, and Chickasaw, in said State, shall compose one district, to be called the northern district, and a court shall be held for the said district, at the town of Pontotoc, and the residue of the counties of the said State shall hereafter compose the southern district of Mississippi, and a court shall be held for the same, Southern dist. as heretofore, at the city of Jackson.
Sec. 2. *And be it further enacted,* That there shall be two terms of U. S. district judge for Miss, to hold two terms a year in northern dist. the district court, for the northern district, held at Pontotoc, in each year, to begin on the first Monday of June and December, and the district judge of the United States for the State of Mississippi is hereby required to hold the courts aforesaid. Sec. 3. *And be it further enacted,* That all causes at law or in All cases pending in the dist. court at Jackson, &c. to be transferred for trial, &c. chancery, and all indictments pending in the district court at Jackson, in which the defendant or defendants resided in the northern district (hereby established) at the time of serving process or the finding of a bill of indictment, shall be transferred for trial to the district court for the said northern district, and be proceeded in, heard, adjudged, and determined, in the same manner as though originally commenced or prosecuted in the said court; and it shall be the duty of the clerk of the district court at Jackson, safely to transmit to the clerk of the district The original papers to be transferred. court at Pontotoc, the original papers in all cases and prosecutions hereby ordered to be transferred, together with a transcript of all orders and other proceedings had thereon. 248TWENTY-FIFTH CONGRESS.
Sess. II. Ch. 116. 1838. Sec. 4. *And be it further enacted,* That all suits hereafter to be All suits, not of a local nature, shall hereafter be brought to the court of the district, &c. brought in either of said courts not of a local nature, shall be brought in the court of the district where the defendant resides; but if there be more than one defendant, and they 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 a writ sued out of the 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.
Sec. 5. *And be it further enacted,* That the judge of the said courts The judge of said courts to appoint a clerk for the northern district—his duties, fees, &c. shall appoint a clerk of the district court of the northern district, who shall reside and keep his office, and the records and documents appertaining thereto, at the place of holding said courts; said clerk shall be entitled to the same fees allowed by law to the clerk of the other district of the State of Mississippi, perform the like duties, and be subject to the same liabilities and penalties.
Sec. 6. *And be it further enacted,* That a marshal and district attorney A marshal and dist. atty. to be appointed for the northern dist.—their duties and liabilities. shall be appointed in the northern district of the State aforesaid, having the same duties and liabilities, in all respects, as are now possessed by the marshal and district attorney, respectively, in the State of Mississippi; and the said marshal is hereby required to give the same bonds that other marshals are required to give under the laws of the United States, to be approved of and recorded as now directed by law.
Sec. 7. *And be it further enacted,* That the marshal and district Marshal and dist. atty. of the northern dist. to have the same salaries, &c. attorney for the northern district, shall have the same salaries, fees and compensation, as are allowed and paid to the other marshal and district attorney for the State of Mississippi, under the laws of the United States. Approved, June 18, 1838.