Page:United States Statutes at Large Volume 49 Part 1.djvu/1141

 10 96 74TH C ONGRESS. SESS. II. CH. 13. JANUARY 20, 1936. [C HAP TER 13 .1 January 20, 1936. AN ACT [S .1277 .]	 To amend section 24 of the Judicial Code by conferring on district courts [Public, No. 422.] additional jurisdiction of bills of interpleader, and of bills in the nature of interpleader. Be it enacted by the Senate and House o f Representatives o f the Judicial Code amend- Unit ed St ates of Am erica in C ongre ss as sembl ed, That section 24 of mUts. C.,p.1231. the Judicial Code, as amended, is amended by inserting at the end District courts, th ereof the follo wing Original jurisdiction " ( 26) ORIGINAL JURISDICTION OF BILLS OF INTERPLEADER AND OF BILLS of bills of interpleader, I etc . IN THE NATURE OF INTERPLEADER-TWENTY-SIXTH .- (a) Of suits in equ ity begun by bills o f interple ader or bi lls in the nature of bills of interpleader d uly verified, filed by any person, firm, corporation, association, or society having in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, policy of insurance, or other instrument of the value or amount of $500 or more, or providing for the delivery or payment or the loan of money or property of such amount or value, or being under any obligation written or unwritten to the amount of $500 or more, if- Adverse claimants, "(i) Two or more adverse claimants, citizens of different States, citizens of different stat es. are claiming to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certi ficate, po licy, or o ther instr ument, or arising by virtue of any such obligation ; and Deposit into court "(ii) The complainant (a) has deposited such money or prop- registry . erty or has paid the amount of or the loan or other value of such instrument or the amount due under such obligation into the Bond, etc . registry of the court, there to abide the judgment of the court ; or (b) has given bond payable to the clerk of the court in such amount and with such surety as the court or judge may deem proper, conditioned upon the compliance by the complainant with the future order or decree of the court with respect to the subject matter of the controversy . Such a suit in equity may be entertained although the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and independent of one another . Venue . "(b) Such a suit may be brought in the district court of the dis- trict in which one or more of such claimants resides or reside. Issue of process, etc. a (c) Notwithstanding any provision of the Judicial Code to the contrary, said court shall have power to issue its process for all such claimants and to issue an order of injunction against each of them, enjoining them from instituting or prosecuting any suit or pr oceed- ing in any State court or in any United States court on account of such money or property or on such instrument or obligation until the further order of the court ; which process and order of injunc- tion shall be returnable at such time as the said court or a judge thereof shall determine and shall be addressed to and served by the United States marshals for the respective districts wherein said claimants reside or may be found. Powers of court. "(d) Said court shall hear and determine the cause and shall dis- charge the complainant from further liability ; and shall make the injunction permanent and enter all such other orders and decrees as may be necessary or convenient to carry out and enforce the same . Equitable defenses. " (e) In any action at law in a United States District Court against any person, firm, corporation, association, or society, such 38, p. 956. defendant may set up by way of equitable defense, in accordance U. 17 s. C., p. 1277. with section 274b of the Judicial Code (U . S . C., title 28, sec . 398), any matter which would entitle such person, firm, corporation asso- ciation, or society to file an original or ancillary bill of interpleader