Page:United States Statutes at Large Volume 38 Part 1.djvu/974

 956 SIXTY·THIRD CONGRESS. Sess. III. Cns. 90, 91. 1915. March L19}5. CHAP. 90.-A.n Act T0  an Act entitled "An Act to codify, revise, and lH·B*“°l diith la latmgto the d1c1ary"appro dMarchthn·d mnt h dred · · amen e we re pi, ve , e een un (r¤¤u¤,N¤.2m an e even. I Be it enacted by the Senate and House %Representativest¢if the United {;“.{¥°i’§,f:°‘;,$‘ mr, States of America in Congress assembled, at the Act ent1 ed "_An Act •¤=¤¤°·¢ to codif , revise, and amend the laws relating to the jud1ciary," approved March third, nineteen hundred and eleven, be, and the same is liereby, amended by inserting aftersection two hundred and seventy- four thereoiji three new sections, tpl be numbeged, respecitively, twg h seen -oura two un an seenty-our ,an Sm “ hw M in tvligshnmdfiled anlélsegenty-foiu c,fread1ing as folllpavgfind h . " nc. 274a. at in case an 0 said courts s t at a suit at '"°”°’ law should have been brought   emgjgy or a suit in equigynshould have been brought at law, the court s order any amen ents to the A d O t of pleadings which may be necessagg to conform them to the proper p£¤2:. m R practice. Any pargyhltp the suit all have ghe  atbany stagteil of th to amen eadm.gs` so as too viate the o jection at higscdilissliias not brought? on the right side of the court. The cause ,,,;,'§{§f”’““°° °‘ ‘°’“' shall proceed and be etermined upplp such amended pleadings. All testimony takai before sucgil auiixiiencg ept, difpplesersied, shall fathanélc as testimony in e cause wi e ec as e p eadmgs en ugh `nall the amended form. E%‘$‘.,°‘:’..°&. ° ¢ smbiiit. mt in all seams at nw equitable defenses may be “°'“ ’“°"· interposed by answer, plea or replication without the necessity of filing a bill ori; the equictiy side of téiezlcopgtd mTge dgtplndaig; spell huge Pmudm, thsam'tsinsu caseas' e ea'emoyin e de?ense_df the relief prayed for in such answer or plea. Fgjuitable Biéelgef respecting the sul ject matter oi the slang may th1&s_be og; t' answerorpea. ncase aivere e is ra e msu aiisilwer dr plea, the plaintid shall file a replication. Itexiiew of the judgment or decree entered in such case shall be regulated by rule of court. Whether such review be sought by writ of error or by appeal the appellate c<iurt shalll have fuéllhplpwer to render such judgment upon the records as aw an justice require. Jurisdiction bam di- · - · R _ "Sec. 274c. That where m an suit bro ht m or removed from gngégxgflz, *13%* gg; any State court to any district ofy the Unite‘ilgStates, the jurisdiction mama. of the district court is ased upon the diverse citizenship of the parties, and such diverse citizenship m fact existed at the time the suit was brought or removed, though defectively alleged, either party may amend at any stage of the proceedings and in the appe late court upon such terms as the court may impose, so as to show on the record such diverse citizenship and jurisdiction, and thereupon such suit shall be roceeded with the same as though the diverse citizenship had been fuliy and correctl pleaded at the mception of the suit, or, if it be a. removed case, in &e petition for rem0val." Approved, March 3, 1915. &*?'f€iQ,%?j h CHAP. g1.——An Act To amend an Act entitled "An Act to provide for an enlarged ·——-————·-—— 0H1&t·88»d. [Public,No.279.] Be at enacted by the Senate and House of Representatives q the United P¤bii¤l¤¤•i3· mm States { America in Congress assembied, That sections three and four ,¤§.{‘,{"“° of the ct entitled "An Act to provide for an en] ed homestead/’ 36"`°‘·53§?p§;_§§* ‘,§g§· approved February nineteenth, nineteen hundredmiiid nine, and of anéliiideé. '°` an Act entitled "An Act to provide for an enlarged homestead/’ approved June seventeenth, nineteen hundred and ten, as amended by an Act approved February eleventh, nineteen hundred and tlnrwen, be, and the same are hereby, amended to read as follows: