Page:United States Statutes at Large Volume 35 Part 1.djvu/593

 SIXTIETH CONGRESS. Sess. I. Rss. 22, 23. 1908. . 575 expeditiously as possible upon such short notice to the other party Act of New Mmm thereto or his attorneys as the court may direct; and for the purpose ”""“m°d’°°“‘i““°°• of trying the same said court shall have the power to compel the parties thereto to plead or answer on such short day as it may determine; and in event the same is triable by jury it shall be the duty of the court, upon motion, to change the venue thereof to such county in said district as in the opinion of the court will aiford an opportunity for the most speedy hearing; but in event such action is not triable by jury, then the court shall immediately proceed to try and°determine the same, giving such reasonable notice as it may determine, to the parties or their attorneys, at any place in the Territory which the court may designate, and witnesses may be compelled by subpoena to attend such place personally, from any part of the Territory, and testify, as at present, at such time and p ace. The institution of any such suit in any other State or Territory shall be construed by the court as a waiver upon the part of the party so instituting the same of the right of trial by ju in the case pending in the courts of this Territory. " Sec. 4. lvhenever it shall be made to appear to thedistrict court of this Territory for the county in which petitioner or plaintiff lives, by any petition filed under section three hereof, or by a supplemental petition, or by an original complaint filed for that purpose, that petitioner or plaintiff fears or has good reason to fear that any other rson is t reatening or contemplating instituting suit in some other State or Territory to recover damages against petitioner or plaintiff for personal injuries_ inflicted or death caused in this Territory, or that he has already instituted and is then maintaining such a suit, it shall be the duty of the court upon such bond as the court may require being given, to issue its injunction plendente lite restraining such party from instituting or maintaining suc suit in any court sitting in any other State or Territory, and, at the final hearing, if such facts are found by the court to be true, the court shall make such injunction perpetual; and at the iinal hearing in all cases instituted under the provisions of section three hereof the party complained of in the petition shall be perpetually enjoined from further instituting or main— taining any suit or action to recover damages by reason of any of the matters or things set up in said petition. "S1·:o. 5. This act shall not apply to cases in which the person or corporation against whom' damages for personal injuries are claimed can not be duly served with process in this Territory. "SEo. 6. Nothing herein contained shall be construed as in any way reventing an one in this Territory claiming to have a right of action for any such dliimages, from compromising such claim. "Smo. 7. All acts and parts of acts and laws in conflict with this act are hereby repealed, and this act shall be in effect from and after its sa e." p&Th§refore be it Resohzed by the Semzte and House ri; Refwesentatives of the United States of America in Congress assemb d, hat said law of the Terri- gr£;mppm»·¤1¤ro0¤. torv of New Mexico, as aforesaid, be, and the same is hereby, disap- ` proved and declared null and of no effect. Approved, May 13, 1908. ·[N0, 23.] Joint Resolution Authorizing the widening of the channel of Michigan ljgf§l§_1,’§g· City Harbor. Q-EE0? Resolved by the Senate and House of Regwesentatéves of the United _ _ _ States of America in Congress assembled, That the Secretary of War b0f’§}Q,$°“ my H“·" be, and he is hereby, authorized, in his discretion, to use any unex- ggignjiggeigggggg pended balance of money heretofore appropriated or that may be inisnoes mnnonma.