Page:United States Statutes at Large Volume 36 Part 1.djvu/1125

 srxrrrrrrsr couorrnss. sm. III. cs. 231. 1911. 1101 _ Sec. 50. When there are several defendants in any suit at law or e :§;;¤¤* rn ecgrity, and one or more of them are neither inhabitants of nor R.S.,sec.737,p.139. foun within the district in which the suit is brought, and do not voluntarily apsear, the court may entertain jurisdiction, and proceed to the in and ad'udication of the suit between the parties who are roperly before it; lbut the judgment or decree rendered therein. shall) not conclude or pre`udice other parties not regularly served with process nor voluntarily appearing to answer; and non-joinder of parties who are not inhabitants of nor found within the district, as altoresaid, shallnot constitute matter of abatement or objection to t e suit. Sm. 51. Except as rovided in the five succee sections, no V°¤°°°*°*'¤ ¤“*°¤· person shall be arrested in one district for trial indliiziother, in any $i>i'a?j£7i•?4.p'u°` civil action before a district court; and, except as provided in the six succeeding sections, no civil suit shall be brought in any district “, · coru·t agginst anti person by any oriinal process or proceeding in any other ° trict an that whereof e is an inhabitant; but where the jurisdiction is founded only on the fact that the action isbetween of different States, suit shall be brought only in the district ,of the residence of either the plaintiff or the defendant. Sec. 52. When a State contains more than one district, every suit ,,,g°‘;}}}’,§‘“,g{§“”c§'g ‘ not of a local nature, in the district court thereof, against a single district- 1 defendant, inhabitant of such State, must be brought in the district B°8"°°°'m’°' m` where he resides; but if there are two or more defendants residing in different districts of the State, it may be brought in either district, and sdupli te writ may be issued against the defendants, directed to the marsm} of any other district in which any defendant resides. The érk issuing the tlnlplicate writ shall indorse thereon that it is a true copy of a writ su out of the court of the (proper district; and such original and duplicate wrrts, when execute and returned into the office from which they issue, shall constitute and be proceeded on as one suit; and upon any judgment or decree rendered therein, execution may be issued, directed to the marshal of any district in mc. 53. en a istrict contains more t an one `vision, every °'-°°°¤ _ the same Sttti d h dl mm mm suit not of a local nature against a single defendant must be brought riiiiiii mu mm mw in the division where he resides; but if there are two or more defendants residing in different divisions of the district it may be brought in either division. All mesne and final process subject to the rovisions of this section may be served and executed in any or all of · the divisions of the district, or if the State contains more than one district, then in any of such districts, as provided in the preceding section. All rosecutions for crimes or o fenses shall behad within ¤0r1¤¤i¤¤1 r>¤>¤¤¤¤· the division of) such districts where the same were committed, unless °°°' the court, or the judge thereof, upon the a plication of the defendant, shall order the cause to be transferred for prosecution to another division of the district. When a transfer is ordered by the court or '1‘r¤¤¤f¤r ¤f rt¤<>r¤» judge, all the pa ers in the case, or certified copies thereof, shall be transmitted by the clerk, under the seal of the court, to the division to which the cause is so ordered transferred; and thereupon the cause shall be proceeded with in said division in the same manner as if the offense had been committed therein. In all cases of the removal of S,f,§‘§,,‘,§,Y,§_'“ "°“‘ suits from the courts of a State to the district court of the United States such removal shall be to the United States district court in the division in which the county is situated from which the removal is made; and the time within which the removal shall be erfected, in so far as it refers to or is regulated by the terms of Ulirited States courts, shall be deemed to refer to the terms of the United States district court in such division.