gration aforesaid, and shall deduct from the certificate to be granted under the provisions of this act, the amount paid on such insurance and the amount of duties paid on the goods sold. And the said commissioners shall cause three fair copies of such statement to be made and certified by themselves to be true and correct results of their investigations, one of which copies they shall file with the collector of the customs for the port of New York, another with the naval officer of the said port, and the third, together with the testimony taken before the said commission, they shall transmit to the Secretary of the Treasury, to be by him kept on file in his Department.(1) 11. It shall be the duty of the Secretary of the Treasury, with as little delay as practicable, to examine the testimony taken before the said commission, from time to time, as the same shall be returned to him, to compare the same with the said statement and adjudications of the said commissioners, and to signify to them his approval or disapproval of their determination as to each claim; and as soon as the determination of the Secretary shall be officially communicated to the said commissioners, as to any one or more of the said claims, they shall forthwith execute and deliver to each claimant, whose claim has received the approval of the Secretary, a certificate, signed by them, and stating the amount of duties which the claimant has paid, and is entitled to have refunded to him, and the amount he has secured to be paid, and is entitled to have remitted upon his bonds: Provided, That no such certificate shall be delivered to any claimant, his agent or attorney, or to his order, until he, or some person on his behalf, shall have executed and delivered to the collector of the customs for the port of New York, a bond with sureties to the satisfaction of the said collector, in a penalty of double the sums to be refunded or remitted, as shown by the said certificate, and conditioned for the repayment, to the United States, of the whole amount refunded or remitted to such claimant, with interest from the date of the said bond, in case it shall thereafter be made to appear that the goods upon which the duties so remitted or refunded were chargeable, were not in fact destroyed at the conflagration aforesaid. Provided, That in all cases when the applicant for relief under this act shall have had bonds other than those given for duties on goods destroyed by said fire suspended under the act entitled "An act for the relief of the sufferers by fire in the city of New York," approved nineteenth March, eighteen hundred and thirty-six, the amount of twenty-four per cent. on the amount of duties secured by such bonds shall be deducted from the sum which would otherwise be remitted to such applicants under this act.(2) 12. Upon the presentation by any person to the collector of New York, of any certificate so issued by the said commissioners, showing that a remission is to be made upon any unpaid bond given to secure duties, and then in the hands of the said collector, it shall be his duty to make the requisite endorsement upon the said bond or bonds and likewise so far to cancel the said certificate by a proper endorsement thereon as his endorsement upon the bond or bonds shall require, and so far as any such certificate shall show that duties paid are to be refunded, the said collector of the port of New York shall receive such certificate in lieu of money for the payment of duties at all times endorsing upon the certificate the amount of duties thus cancelled by its presentation; and as fast as the said certificates shall be thus fully cancelled, the said collector shall retain and transmit to the Secretary of the Treasury, to be by him placed upon the files of the Department with the statement upon which they were issued, and the testimony upon which the duties are refunded or remitted.(3) (1) Act July 7th, 1838, sec. 2. (2) Ibid. sec. 3. (3) Ibid. sec. 4. 13. In all cases where any article or package, as imported, shall have been partially and not entirely destroyed by the said conflagration, the remission or refunding of duties upon such article or package shall be in proportion to the destruction by the said fire, as that proportion shall be ascertained and certified to the said commissioners by the appraisers for the port of New York; but this section shall not be so construed as to extend to any merchandise or property destroyed or damaged other than in the original and unbroken packages as imported.(1) 14. The said commissioners may employ a clerk who shall be paid for his services, out of any unappropriated money in the Treasury, such reasonable compensation as the Secretary of the Treasury shall allow, which pay. ment the said Secretary is hereby authorized and directed to make, not to exceed the rate of two thousand dollars per annum.(2) 15. All that part of the State of Mississippi north of the point where the range line strikes the Mississippi river, between townships thirteen and fourteen of the Washington land district, is hereby created a collection district, to be called the Vicksburg district, whereof Vicksburg shall be the port of entry, subject to all the regulations and duties prescribed in regard to the district of Mississippi, by an act passed the thirteenth of June, eighteen hundred and thirty four, entitled "An act to establish a port of entry at Natchez, in Mississippi, and creating certain other ports of delivery, and for other purposes;" and Grand Gulf shall be a port of delivery within said district of which Natchez is the port of entry.(3) 16. From and after the passage of this act, it shall be lawful for the captain or master of any steamboat or vessel propelled by steam, arriving at any port in the United States, to retain all the coal such boat or vessel may have on board at the time of her arrival, and to proceed with said coal to a foreign port without being required to land the same in the United States or to pay any duty thereon; and all acts inconsistent with the provisions of this act, shall be, and the same are hereby repealed. (4) ART. 1. The Circuit Court of the United States, established at Huntsville, in the State of Alabama, by act of 3d March, 1837, is hereby abolished.(5) (1) Act July 7th, 1838, sec. 5. (4) Act July 7th, 1838, sec. 1. (2) Ibid. sec. 6. (5) Act 22d Feb. 1838, sec. 1. (3) Act July 7th, 1838, sec. 1. All the jurisdiction which belonged to the District Court of the United States, for the Northern District of the State of Alabama, at Huntsville, at and before the passage of the said act of the 3d of March, 1837, is hereby restored to and vested again in the said District Court, and every act of Congress upon which the jurisdiction of the said District Court depended at and before the passage of the said act of March, 1837, is hereby revived, so far as such act or acts gave jurisdiction, as the same existed at the time aforesaid, in the said District Court.(1) All causes at law or in equity, pending in the said Circuit Court at Huntsville, shall be transferred to the said District Court at Huntsville, and shall be proceeded in and be determined by the said District Court, in the same manner as if they had been originally commenced in the said District Court; and it shall be the duty of the clerk of the said Circuit Court, to deliver to the clerk of the said District Court, the original papers in all such causes, together with the record of all the proceedings had in the said Circuit Court: Provided, That the first term for the trial of the causes hereby transferred, shall be the term of the said District Court which will be commenced on the third Monday in May eighteen hundred and thirty-eight.(2) The terms of the said District Court shall be held at the said town of Huntsville, twice in each year, on the third Monday in May, and the fourth Monday in November, annually.(3) Appeals and writs of error shall lie from the said District Court to the Circuit Court of the United States at Mobile, in the State of Alabama.(4) All process, bail bonds, and recognizances returnable to the Circuit Court of the United States at Huntsville aforesaid, shall be returnable and returned to the District Court, next held under this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly.(5) 2. No suit, action, judgment or decree, now pending and unsatisfied, in which the late Bank of the United States is a party, plaintiff or defendant, shall abate, or be discontinued or dismissed, by reason of the expiration of the two years after the expiration of the charter, limited by the twenty-first section of the act of incorporation of the said bank, for the use of the corporate name, style and capacity of said bank, for the purpose of suits for the final settlement and liquidation of the affairs and accounts of the corporation; but all such suits, actions, judgments and decrees, shall be allowed to proceed to final judgment, execution, satisfaction and settlement, as if the said two years had not expired.(6) 3. Hereafter, the spring term of the Circuit Court of the United States for the Eastern District of Virginia, shall commence on the eighteenth day of May, and the fall term on the eighteenth of November, in each year, instead of the twenty-second of May and the twenty-second of November, as is now provided by law.(7) The terms of the District Court of the United States for the Eastern District of Virginia, which are now directed by law to commence on the fifteenth day of May and the fifteenth of November, in each year, shall hereafter commence on the twelfth day of May and the twelfth day of November, in each year: Provided, nevertheless, That, whenever the day on which the terms of either of the said Circuit or District Court, as herein provided for, shall happen to be Sunday, then the term of said court shall commence on the following day.(1) All proceedings and process depending in or issuing out of either of the said courts, which are or may be made returnable to any other time appointed for holding the same than that above specified, shall be deemed legally returnable on the days hereinbefore prescribed, and not otherwise.And all suits and other proceedings in either of the said courts, which stand continued to any other time than that above specified, shall be deemed continued to the time prescribed by this act, and no other.(2) 4. The Circuit and District Courts of the United States shall be held in the District of Indiana, at the seat of Government in said state, on the third Mondays of May and November; at the seat of Government in the District of Illinois, on the first Mondays of June and December; in the District of Michigan, at the seat of Government in said state, on the third Monday in June and the first Monday in November; and in the District of Ohio, at the seat of Government in said state, on the first Monday of July, and the third Monday in December, and all recognizances entered into, and all mesne and final process, which have been issued, or which shall hereafter be issued, shall be returnable in the respective districts, to the first term as above established: And it shall be the duty of the Circuit Judge, to attend one Circuit Court in each year, in the Districts of Indiana, Illinois, and Michigan; and should any question of law be raised, in any case, in the absence of the Circuit Judge, the District Judge may, at his discretion, adjourn the cause to the succeeding term of the Circuit Court.(3) 5. So much of the third section of the act entitled "An act supplementary to the act entitled 'An act to amend the Judiciary System of the United States," approved March 3d, 1837, as repeals all former acts, or parts of acts, conferring Circuit Court jurisdiction on certain District Courts therein named, is hereby repealed, so far as relates to the Courts of the Western District of Virginia; and the District Courts of said district shall exercise the same jurisdiction with which it was invested previous to the passage of said act.(4) All causes transferred by authority of said act, from the said District Courts to the Circuit Court, directed by law to be held in the town of Lewisburg, in the State of Virginia, and which remain undetermined, shall be removed back to the District Courts from whence they were transferred, to be there finally determined.(5) Appellate jurisdiction from the judgments or decrees of the said District Courts of the Western District of Virginia, as now authorized by law, shall be exercised by the said Circuit Court at Lewisburg.(6) 6. The State of Mississippi shall be 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, Itawamba, Monroe, Lowndes, Oaktibbeha, Choctaw, Yalobusha, Tellehatcha, 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, as heretofore, at the city of Jackson.(7) (1) Act 2d March, 1838, sec. 2. (3) Act 10th March, 1838. (5) Ibid. sec. 2. (7) Act 18th June, 1838, sec. 1. There shall be two terms of 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.(1) All the causes at law or in 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 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.(2) All suits hereafter to be 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.(3) The judge of the said courts 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 subjeet to the same liabilities and penalties.(4) A marshal and district attorney 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.(5) The marshal and district 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.(6) 7. A District Court of the United States 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, Fayette, Hardeman, McNairy, Hardin, and Perry; and the said court shall be holden annually, on the third Monday in September, at the town of Jackson, in the county of Madison, in said state.(7) The said District Court shall be invested with, and exercise all and every species of jurisdiction now exercised by the District Courts of East and West Tennessee.(8) (1) Act 18th June, 1838, sec. 2. (2) Ibid. sec 3. (3) Ibid. sec. 4. Ibid. sec. 5. (5) Ibid. sec. 6. (6) Ibid. sec. 7. (7) Act 18th June, 1838, sec. 1. |