Page:United States Statutes at Large Volume 36 Part 1.djvu/1126

 1102 sixtrY.1·*1nsCr CONGRESS. Sess. III. os. 231. 1911. sum ot • new as- Sec. 54. In suits of a local nature, where the defendant resides in °°i°`s_ ssc, 741,p, m, a different district, in the same State, from that in which the suit is brought, the plaintiff may have original and final process against him, directed to the marshal of the district m which he resides. ruraaieacn where Sec. 55. Any suit of a local nature, at law~or m equity, where the §{§'§°,Q`,‘§1.§j°§¤"icY{f’ °‘·land or other subject—matter of a fixed character lies partly in one district and partly in another, within the same State, may be brought in the district court of either district; and the court in which it is brought shall have jurisdiction to hear and decide it, and to cause mesne or final process to be issued and executed, as· fully as if the said tsubject—1ps;1t;t:;1 were wholly within the district for which such . cour is cons 1 . r xuummy or re- Sec. 56. Where in any suit in which a receiver shall be appointed §’§’,*{§'g°',,{"§j*,}§,‘Q§,’{ the land or other ropertg of a fixed character, the subject of the ¤&•¢¢¤- suit, lies within di§erent tates in the same judicial circuit, the receiver so appointed shall, upon bond as required by the court, ` immediate; be vested with fu jurisdiction and control over all the Appsmi by circuit property, the subject of the suit, lying or being within such circuit; i“°‘°‘ subject, however to the disapproval of such order, within thirty days thereafter, by the circuit court of appeals for such circuit, or by a circuit judge thereof, after reasonable notice to adverse parties and an opportumty to be heard upon the motion for such disapproval; and subject, also, to the Bling and entering in the district court for each district of the circuit in which any portion of the roperty may ‘ lie or be, within ten days thereafter, of a duly certifies co y of the sues: or may bill and of the order of appointinent. The disapprovalp of such P’°'**- appointment within such thirty day, or the failure to Hle such certifie copy of the bill and order of appointment within ten days, as herein required, shall divest such receiver of jurisdiction oyer all such property except that portion thereof l or bein within the . . . . Ying _ g lane or process State m which the suit IS brought. In any case coming within the "‘““” °"°‘“'~ provisions of this section, in which a receiver shall be a pointed, process may issue and be executed within any district of the circuit in the same manner and to the same extent as if the pro rty were wholly within the same district; but orders affecting sucge property sliifalltgp enteiipd ofbrecord in each district in which the property a ec ma e or e. ‘ marspz: tquogjgpczg Sec. 57. 'iVhen in any suit commenced in ang.; district court of the um, clear miss, em. U mted States to enforce any legal or equitable `en upon or claim to v_§h{·· ML ’°8· 74% or to remove any mcumbnjance or lien or cloud upon the title to real or personal proplertj within the district where such suit is bro ht, one or more of the efendants therein shall not be an inhabitantlig or found withm the said district, or shall not voluntarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant or defendants to apptearhplead, answer, or demur by a day certain to be d6SlgDHl5€d,_WlDC or er shall be served on such absent defendant or defendants, if practicable, wherever found, and also upon the person or plersons in possession or charge of said roperty if any there be; or w_ ere such personal service upon such absent defendant or defendants is not practicable, such order shall be published in such manner as the court may direct, not less than once a week for six conrmeeeaxup on mr secutive weeks. In case such absent defendant shall not appear ‘"°‘° °PP°"· piitad, answer, or demur within the time so limited, or within some her time, to be allowed by the court, in its discretion, and upon proof of the service or publication of said order and of the performance of the directions contained in the same, it shall be lawful for the court to entertain jurisdiction, and proceed to the hearing and adjudication of such smt in the same manner as if such absent defendant had been served with process within the said district; but said adjudication shall, as regards said absent defendant or defendants without