United States Statutes at Large/Volume 1/5th Congress/3rd Session/Chapter 8
[Obsolete.]
Chap. Ⅷ.—An Act to amend an act entitled “An act giving effect to the Laws of the United States within the district of Tennessee.”
Section 1.Offenders to answer on that side of Cumberland mountain, where their offences were committed.
Ante, p. 496.
Act of April 29, 1802, ch. 31, sec. 16. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who shall commit an offence against the laws of the United States, on the east side of Cumberland mountain, within the district of Tennessee, shall not be held to answer at the court at Nashville, or any other place, on the west side of said mountain, and that any person who shall commit an offence against the laws of the United States on the west side of said mountain, within the said district, shall not be held to answer, at the court at Knoxville, or any other place, upon the east side of said mountain, but that all persons who shall commit offences against the laws of the United States (within the said district) shall be held to answer in the court on that side of the said mountain, where such offence shall have been committed.
Sec. 2.Suits by the United States to be returned to the court on that side of the mountain where the defendants are found. And be it further enacted, That any suits which shall be brought by the United States, in the district court of Tennessee, against any person residing on the east side of said mountain, shall not be returned to the court at Nashville, on the west side of the said mountain, and that any suits which shall be brought by the United States, against any person residing upon the west side of said mountain, shall not be returned to the court at Knoxville, on the east side of the said mountain. But that all suits which shall be brought by the United States against any person or persons residing on the respective sides of the said mountain, shall be returned to the court, on that side of the said mountain, where the defendant or defendants shall reside, or be found at the time of bringing such suit or suits.
Sec. 3.Western foot of Cumberland mountain to be the boundary. And be it further enacted, That the western foot of Cumberland mountain shall be the boundary, dividing the jurisdiction of the eastern from the western side of said mountain.
Sec. 4.Suits to be proceeded upon to final judgement in the court to which they are returned, &c.
No restriction as to executions. And be it further enacted, That all suits which may be brought as aforesaid, shall be proceeded upon to final judgment in the court wherein such suit or suits shall have been originally returned, and it shall be the duty of the clerk for the district of Tennessee, to keep two separate dockets, for the purposes aforesaid—one for the court at Nashville, and one for the court at Knoxville—Provided, that nothing in this act shall be so construed, as to prevent writs of execution issued from either of the said courts, being executed on the person or property of the defendant or defendants, in any part of the district of Tennessee, in the same manner as if this act had never been made.
Approved, February 19, 1799.