Page:United States Statutes at Large Volume 44 Part 1.djvu/888

 § 109 - TITLE 28.·~—-JUDICIAL 0 State as section, may be prosecuted. innany district into which the property so `scized may be taken and proceedings institnted; and the district court. thereof shall have as full jurisdiction over such proceedings aspii-·~the seizure was madein that dis# triet. _(R. S. 5 564: Mart 3, 19ll, c.`_23_1, 547, 36 Stat. 1100.) Q Z 169. (Judicial Code, section 48.)  Patent casesQg—In sults 'bffbllght for the infringement of letters patent the district r 7mnrts offzthe United Stateashall hare jurisdiction, in law ’or in equity, in the district of rwhich the Xlefendantk is an inhabi} tant, or in any districf; in which t~l1e\defendant; whether a person, partnership; oncorporation, shall have committed acts of infringement and have a regular and established place of business. If *such sui1;. is brought} in aldlstrict of which the defendant is not an inhabitant,?b1it in which such defendant has a` regular and established place} of business, _S—€1`_ViC€ of process,'f,s11nxin1ons, or su1»p¢e¤a` upon the defendant may be made by service upon the.&§eut,br agents engaged in conductin: such business in the- district. ni which .suit is brought. (Mar. 3, 1%*7, c. 395, `29.Stat. 695; ·Maré,,;3, 1911, c. 23},,5 48Q 36Stat.11Q0.)_ _     _ HOL (Judicial Code;) section 49.) Proceedings to enjoin Comptroller of Currency.——All proceedings °by any national banking association to eujointlie Comptroller of the Currency, _ under the provisions of anylaw relating tonational Fbankinlg associations, shallhe had in the district where such associationis located. (R.‘S. §_ 736; Mar.,3,'1911,__c_.#231, § 49, 36 Stat.1100.) . · · _ '»_ ·_ ..111Q, (Judicial Code, section 50.) When- parfof_ several clefendanis can not be served.-T—Wlnen there are soxjeral defénde ants in any suit at law or in equity, and one or I11Q1'€~0f then': _ are neither inhabitants of. nor found ·witl1in"'the district in · which the suit is_br_ought, and gl0.not voluntarily .appeu1·,_ the court mayentertain jurisdiction, and proceed to the`trial· and adjudication of the_ éuitt between thepartles who are properly before it; butfthejudgment or decree rendered therein shall _ notccnclude or prejudice other parties not ‘¤:egu1a;1y served _with process nor voluntarily appearing to answer; and non-  joindcr of parties who ’&2‘B.DQt‘ll111&bit8lltS of uorlfound within the district, as aforesaid, 311:111 ~not constitute matter of abate-, · ment or objection to the suit. _(R.' S. § .737: Mar'. _3,‘ 1911, cQ 231,-,§ 50,36 Stat. 1101.) _   ‘ - _. ` 112. (Judicial · Code; section 51, "a_mended.)f_ Civil ‘_suits;‘ sums in; aiatrict where brought; eEective periodey-—( a) _Ex—_ cept as provided—.in sections 113 to 117 of th_ls title, 110 person shall be arrested in one dilstrict for trial in another in any civil A action b<·fore,a district court; and, except as provided in tions 113 to 118 of this title, no civil suit shall be brought in any . _dl1¤trict éourt against any person by ,any original process or proceeding an any other diatrictj than that whereof he is-_ an · inhabitant} but where the jurisdiction is founded only on the tact .t liat the action is between citizens »ot Idiierent States, .` suit shall be brought only lin the ldiatrict of the residence of citlner the plaintiH or the dBfBDd8l1t. _ ‘ . ‘ . ` (b) Any civil suit, action,  proceeding brought. by or on belnali of the United States, or by or onbchali of any omcer of the United,Staten‘ authorlwed by law to. sue, may be brouébt nr any tliatrict whereof the aereuaant Le-- an inhabitant, or o where there be more than one defendant. in anjdistrict Wbétéi ‘ of any one ot. the defendants, being a necessary party, or being jointly, or jointly and severally, llable, is an inhabitant, or in L any district wherein the cause of- action ·or` any` part"there0f arose-;. and in any such "__sult, action, or procemllni processy summons, or subpoena against any defendant. issued from the t tdlstricbconrt o£`the.district; wherein auch, suit ie-brought Shall run in any otherndletrict, angl serylee thereof upon `any.·defendant-may be made, in any district within the United States. or the terrltorialor »insu1ur,poesessions- thereof lnlwhlch any

CDE AND JUDIOIARY 87;. such defendant rnay be found with the same force and `efftw as it the same had been served within the district in whim _ said suit, action, or proceeding is' brought. The Word·"dis. f trict " and-the words F‘district'court"» as used herein shall · be construedtoincludel the District of Qolumbia and the Su. ,pren1e Oourt ofithe.District of Columbia. ‘· -— . (c) `_Paragraphs (b)? and ,(·c) °of this section shallebe e!`t’¤·0- . uve_1rm··a period of fouryears ·afte1·"Septcmber 19, 1922, after which paragraph (a) alone shall be and remain in full femand etfect. .(‘R. _S} 57739} Mar. 3, 1875, c.·137,_§ 1, 18.S*at. 470-; Ma1·.·3, 1887, c. 373, {/1;, 24 Stat. T552; Au:] 13, 18SS, (·_. 866, §_1, 25 Stat_..*433;‘Mar/:"3, 1911,_c; 231,_··§ 51, 38 Stat. 1101; Sept. 19,1922,.c. 345, 42* Stat. 849{Mar. 4,.1925, c. 526, §_1, 42: StatL126-1.);  4 Y   _. j` " _ · ’ .· 113. (Judicial Code, section 52.)` Suits in States containing more than one district.—·\\'hon— a State contains more: than one district, every suit not of ja local nature; in the district comp there0f,·against aisingle defendant,. inhabitant of such State, tnust be `broughtin the districtwhere he resides; but it there are two or more defendants; residing in different. districts of the·_ State, it may be brought `in either district, and a duplicate writ may` he issued against the defendants, directed to the -3 marshal ot any other district in ‘· which any defendant resides. The clerk issuing the duplicate wrlttshall indorse thereon that it_is a true copy of a`writ sued outof the court of the preper district; and- such original and d_u`plicate_·writs, when executed _ and returned into `the office from which ithey issue, shall constitute and be proceeded on as one suit ;` and upon any judg-.~ ment or decree rendered therein, execution may be issued, di-. rected to the marshal of any district in the same State; · (R. S. ‘ 5*740; Mar. 3, 1881, c. 144, 5 2,- 21 Stat.°507; M·ar.»$, 1911, c. 231, § 52, 36 Stat. 1101.) ·  " i S { 114. (Judicial Code, section 53.) _ Districts containing more than one division; tranisferfof criminal cases.-5-Whena district contains more mtu: `one dirision, every suit not of a local 'nature against a` single defendant must be brought in the dieil . sion where he resides-; but if there are two `or iuore defendants residing in different divisions of the, district it may- be brought `in either division. All mesne and Hualjirocesstsahjiact to the provisions of this section may be served and executed ln any or all of the divisions of the district, or it the State contains more than one district, then in anyer? such districts, as provided ln section 113 of this title. All prosecutions for crimes or otenses shall .be had within the division .0f such. districts where t_h_eisame_Were` committed, unless thecourt, or the judge thereof, upon `theqappllcation of the defendant, shall order the cause to be transferred for prosecution -to another division ot the district. wneua, transfer is ordered by the court or judge, all the papers in the case, orlcertliied 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‘pr0ceeded‘with hi said division in the same manner asif theolfeuse had been committed therein; ID all cases ot the removal of suits `from the courts of a State to- the district court of the United States such removal Shtill be to the. Unitedj States district court in the division at which the county is situated. from which the removal is made; andthe time within which thereinoval shall beapertected, in _ so far as It refers to or is regulated by the terms ‘of United States courts, shall be deemed to refer to the terms of the United States district court in such division. (June 2, 1906, c. [ 2569, I 2, 34 Stat.  ; Mar. 5, 1910, c. 82,36 Stat. 233; Mar. 3, ‘ 1911,.c._231, 3 53,36 Sta-t. 1101.). _  ' . 115. (Judicial Code, section 54.) Suits of 18;:::1 nature.-—-In suits of ai local nature; where the defendant res des in a different district, aiu the same State, from that in whichthe suit is · b1·0ugl1t,_ the`~l1lalntiiI may have " original  ilnal I process