Chapter CXVIII. *to require the judge of the district courts of East and West Tennessee to hold a court at Jackson, in said state.*(*a*)(*a*) See notes to the act of January 13, 1831, chap. 1
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Chap. CXVIII.— An Act *to require the judge of the district courts of East and West Tennessee to hold a court at Jackson, in said state.*(*a*)(*a*) See notes to the act of January 13, 1831, chap. 1.June 18, 1838. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That a district court A district court U. S. established in the western district of Tennessee. of the United States be, and the same is hereby, established in the western district of the State of Tennessee, for the counties of Benton, Carroll, Henry, Obion, Dyer, Gibson, Lauderdale, Haywood, Tipton, Shelby, 250TWENTY-FIFTH CONGRESS.
Sess. II. Ch. 118. 1838. Fayette, Hardeman, McNairy, Hardin, and Perry; and that the said court be holden annually on the third Monday in September, at the town of Jackson, in the county of Madison, in said State. Sec. 2. *And be it further enacted,* That the said district court shall Jurisdiction. be invested with, and exercise, all and every species of jurisdiction now exercised by the district courts of East and West Tennessee. Sec. 3. *And be it further enacted,* That the said court shall be holden To be holden by, &c. by the judge of the said district courts of East and West Tennessee.
Sec. 4. *And be it further enacted,* That in addition to the jurisdiction Concurrent jurisdiction in all civil cases now exercised by the U. S. circuit courts. Appeals to the U. S. Supreme Court. hereby invested in said court, it be invested with the exercise of concurrent jurisdiction in all civil cases now exercised by the circuit courts of the United States; and that in all cases where said court shall exercise such jurisdiction, appeals may be taken from the judgments, orders, or decrees of said court to the Supreme Court of the United States, in the same manner, and upon the same conditions, as appeals may be taken from the circuit courts.
Sec. 5. *And be it further enacted,* That at the first term of said Judge to appoint a clerk. court, the judge thereof shall appoint a clerk, in manner, and upon such conditions, as like officers are required by law to be appointed for the said district courts of East and West Tennessee; and that the said Duties of the clerk. clerk perform such duties in regard to the proceedings, orders, judgments, and decrees of said court, as are required by law to be performed by the same officers in the said district courts of East and West Tennessee.
Sec. 6. *And be it further enacted,* That all laws now in force regulating Process. the emanation, execution, and return of the process of said district courts of East and West Tennessee shall, in all things, regulate the emanation, execution, and return of process in the said district court. Sec. 7. *And be it further enacted,* That if from any cause the judge Adjournment. of said court shall fail to attend and open said court on the first day thereof, then, and in that case, the said court shall stand adjourned from day to day, until four o’clock of the third; and in case he shall fail to attend and open said court by that time, the said court shall stand adjourned until the first day of the next term.
Sec. 8. *And be it further enacted,* That in case the judge of said Intermediate term. court, from any cause, shall fail to hold a regular term of said court, it shall be his duty, if in his opinion the business in said court shall require, to hold an intermediate term of said court, at such time as he shall, by his order, under his hand and seal, direct, addressed to the clerk and marshal of said court, at least thirty days previous to the commencement of said term, and to be published in the several newspapers published in the bounds of said district the same length of time.
Sec. 9. *And be it further enacted,* That the clerk of said court shall Clerk’s fees. be entitled to receive such fees and emoluments for his services as are now allowed by law for like services to the clerks of said district courts of East and West Tennessee. Sec. 10. *And be it further enacted,* That a marshal shall be appointed A marshal to be appointed—his duties, salary, and fees. for said court, whose duty it shall be to execute all orders, judgments, and decrees of said court now authorized by law, and that he receive for his services the sum of two hundred dollars, to be paid out of the public Treasury; and that he be allowed the same fees as are allowed for the same services in the courts of East and West Tennessee.
Sec. 11. *And be it further enacted,* That a district attorney of the A district attorney to be appointed. Salary and fees. United States be appointed for said court, who shall receive in addition to the usual fees of office, the sum of two hundred dollars annually, to be paid out of the public Treasury of the United States. Approved, June 18, 1838.