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TWENTY-FIFTH CONGRESS. Sess. II. On. 12. 1838.
Which sum, ifrequired, shallbe expendedunder the direc-tion of the Sec-retary of War,conformably,&.C.
Treasury, to defray any expenses which have been or may be incurredin protecting the northern frontier of the United States , by calling out,under the direction of the President of the United States , any part ofthe militia or volunteers, according to the provisions of the Constitution and laws; which sum, if required, shall be expended under the direc-tion of the Secretary of War, conformably to the provisions of the actof Congress of January second, seventeen hundred and ninety-five; ofthe act of April fifth, eighteen hundred and thirty-two, making appro-priations for the support of the army; and of the act of March nine-teenth, eighteen hundred and thirty-six, providing for the payment ofvolunteers and militia corps in the service of the United States .
Approved, January 30, 1838.
Statute II.Feb. 22, 1838.
Act of March3, 1837, ch. 31.
Act of March3, 1839, ch. 81.The CircuitCourt U. S. established atHuntsville byact 3d March,1837, abolished.The jurisdic-tion which be-longed to theDist. Court U.S. , of N. Dist.of Ala., at andbefore the pass-age of act 3dMarch, 1837,restored, &c.
All causespending in Cir-cuit Court to betransferred toDist. Court, tobe proceeded in,
&.C.
Clerk of Cir-cuit Court to de-liver to clerk ofDist. Court theoriginal papersand records.
Proviso.
Terms of Dist.Courttobe heldtwice in eachyear.
Appeals, &c.,to lie from Dist.Court to CircuitCourt U. S. atMobile.
All process,&.C., returnableto Circuit Courtshall be return-able to Dist.Court next heldunder this act,&c.
Chap. XII. —An Act to abolish the Circuit Court at Huntsville in the State ofAlabama and for other purposes.
Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That the CircuitCourt of the United States, established at Huntsville in the State ofAlabama, by the act of Congress of the third of March, eighteen hun-dred and thirty-seven, entitled “An act supplementary to the act entitled‘An act to amend the judicial system of the United States, ’ ” be, andthe same is hereby abolished.
Sec. 2. And be it further enacted, That all the jurisdiction whichbelonged to the District Court of the United States , for the northerndistrict of the State of Alabama, at Huntsville , at and before the passageof the said act of Congress of the third of March, eighteen hundredand thirty-seven, be and the same is hereby restored to and vested againin the said District Court, and every act of Congress upon which thejurisdiction of the said District Court depended at and before the pas-sage of the said act of Congress of the third of March eighteen hun-dred and thirty-seven, is hereby revived, so far as such act or acts gavejurisdiction as the same existed at the time aforesaid, in the said Dis-trict Court.
Sec. 3. And be it further enacted, That all causes at law or inequity, pending in the said Circuit Court at Huntsville , shall be trans-ferred to the said District Court at Huntsville , and shall be proceededin and be determined by the said District Court in the same manner asif they had been originally commenced in the said District Court; andit shall be the duty of the clerk of the said Circuit Court to deliver tothe clerk of the said District Court, the original papers in all suchcauses, together with the record of all the proceedings had in the saidCircuit Court: Provided, That the first term for the trial of the causeshereby transferred shall be the term of the said District Court whichwill be commenced on the third Monday in May eighteen hundred andthirty-eight.
Sec. 4. And be it further enacted, That the terms of the said Dis-trict Court shall be held at the said town of Huntsville , twice in eachyear, on the third Monday in May, and the fourth Monday in Novem-ber, annually.
Sec. 5. And be it further enacted, That appeals and writs of errorshall lie from the said District Court to the Circuit Court of the UnitedStates at Mobile, in the State of Alabama .
Sec. 6. And be it further enacted, That all process, bail bonds, andrecognizances returnable to the Circuit Court of the United States atHuntsville aforesaid, shall be returnable and returned to the DistrictCourt, next held under this act, in the same manner as if so made re-turnable on the face thereof, and shall have full effect accordingly.
Approved, February 22, 1838.