Page:United States Statutes at Large Volume 43 Part 1.djvu/972

 SIXTY—EIGHTH CONGRESS. Sess. II. Ch. 229. 1925. 941 approved by such judge or justice, that if the aggrieved party fails to make application for such writ within the period allotted therefor, or fails to obtain an order grantin his application, or fails to make his plea good in the Supreme Court, he shall answer for all damages and costs which the other party may sustain by reason of the stay. Sec. 9. That in any case where the power to review, whether in ,,,’}§§°",’~§,‘gm°g‘,;c,0S,‘§ the circuit courts of appeals or in the Supreme Court, depends upon ¤u>¤¤r¤¤¤rd.ifi¤¤i¤¤i¢- the amount or value in controversy, such amount or value, if not giigmtiigigii on otherwise satisfactorily disclosed upon the record, may be shown and ascertained by the oath of a party to the cause or by other competent evidence. ,,,,,,,,1],,,, ,,,,,,m_ Sec. 10. That no court having power to review a judgment or $0%*; $g§°!Ij{§;¤;*,_%§°*g, decree of another shall dismiss a 'writ of error solely because an procedure. appeal should have been taken, or dismiss an appeal solely because V°l'3°’p‘m‘ a writ of error should have been sued out; but where such error occurs the same shall be disregarded and the court shall proceed as if in that regard its power to review were properly invoked. ,,,,,,0,, ,, kdm], Sec. 11. (a) That where, during the pendency of an action, suit, gag; cfg; dm while or other proceeding brought by or against an officer of the United pe g' States, or of the District of Columbia, or the Canal Zone, or of a Territory or an insular possession of the United States, or of a county, city, or other governmental agency of such Territory or insular possession, and relating to the present or future discharge of his official duties, such officer dies, resigns, or otherwise ceases to Cause continued. hold such office, it shall be com tent for the court wherein the §§,d§'{§§‘{,’§’§,f,,§,“},’§§}{ ' action, suit, or proceeding is pendieng, whether the court be one of *l¤*>*¤'°*· ` first instance or an appellate tribunal, to permit the cause to be continued and maintained by or against the successor in office of such ofcicer, if within six months after his death or separation from the office it be satisfactorily shown to the court that there is a substantial need for so continuing and maintaining the cause and Obtaining an adjudication of the questions involved. _ _ _ (b) Similar proceedings may be had and taken where an action, s£{'§’i$Z_?Sté%2§“ t° suit, or proceeding brought by or against an officer of a State, or of a county, cit, or other overnmental agency of a State, is (pending in a court of tlie United States at the time of the officer’s eath or separation from the office. Nm, 0, d (c) Before a substitution under this section is made, the party summiaion °iY»°°°°i» or officer to be affected, unless expressly consenting thereto, must be ‘*"°"‘ given reasonable notice of thebapplicatigln ltlhlere or End accorded an o ortunit to resent an o `ection w ic e may ave. . _ SEE? 12. Thlat nid district ycouit shall have jurisdiction of any :goli¤°ii§i*$]groi.Ii¤°ti’ii»)i°i?. action or suit by or against any corporation upon the ground that °'°;r“‘_di°"'°° °°“"" it was incorporated by or under an Act of Congress: Progzided, That E,‘§'§'{‘ if umm. this section shall not apply to any suit, action, or proceeding brought §;*ggc,Qf*¤°i¤¤’ °W¤¤* by or against a corporation incorporated by or under an Act of Ccngress wherein the Government of the United States is the owner _ of more than one·half of its capital stock. hw, ,,,,,,,,,1,,d_ Sec. 13. That the following statutes and parts of statutes be, and they are, repealed: Juascuu code scc Sections 130, 131, 133, 134, 181, 182, 236, 241, 242, 243, 244, 245, ¤¤¤¤- 246, 247, 248, 249, 250, 251, and 252 of the Judicial C0gh;;>B*{;*B *g°?1¥;t¥f*>°B to codify, revise, and amend thedlajws relatpgg lgiwthe judiciary} v¤1.ss,pp.sa:s,s0·t approved March 3, 1911," approve anuafy, · _ _ , _ Sections 2, 3, 4, 5, and 6 of "An Act to amend the Judicial Code, ,,,§,{,,°i~{’,{,${Y°"° Su to fix the time when the annual term of the Supreme Court shall V°‘·3"·P·”°· commence, and further to define the jurisdiction of that court, approved September 6, 1916.