Page:United States Statutes at Large Volume 63 Part 1.djvu/140

 PUBLIC LAWS-CH. 139-MAY 24,1949 62 Stat. 939. 28 U. S. C., Supp. II, § 1447. 62 Stat. 939. 28 U. s. C., Supp. II, § 1447. 62 Stat. 940. 28 U. S. C., Supp. II, § 1449. 62 Stat. 940. 28 U. S. C., Supp. II, prec. 5 1491. 62 Stat. 941. 28 U. S. C., Supp. II, § 1498. 62 Stat. 942. 28 U. S. C., Supp. II, i 1502. 62 Stat. 942. 28 U. S. C., Supp. II, i 1504. 62 Stat. 943. 28 U.S. C., Supp. n. 1 1542 (2). 62 Stat. 944. 28 U. S. C., Supp. n, i 1651 (a). parties and shall file a copy of the petition with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.". SEC. 84. (a) Section 1447 of title 28, United States Code, is amended by striking out subsections (c) and (d), as contained in such section, by renumbering present subsection (e) of such section as subsection "(c) thereof, and by adding at the end of the first sentence of such subsection (c), as hereby so re-designated, but preceding the period at the end thereof, the following: ", and may order the payment of just costs". (b) Such section 1447 is further amended by inserting at the end thereof a new subsection (d), as follows: "(d) An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise." . SEC. 85. Section 1449 of title 28, United States Code, is amended to read as follows: "§ 1449. State court record supplied "Where a party is entitled to copies of the records and proceedings in any suit or prosecution in a State court, to be used in any district court of the United States, and the clerk of such State court, upon demand, and the payment or tender of the legal fees, fails to deliver certified copies, the district court may, on affidavit reciting such facts, direct such record to be supplied by affidavit or otherwise. Thereupon such proceedings, trial, and judgment may be had in such district court, and all such process awarded, as if certified copies had been filed in the district court.". SEC. 86. Chapter 91 of title 28, United States Code, is amended by inserting at the end of the chapter analysis preceding section 1491 of such title, the following new item: "1505. Indian claims." SEC. 87. The first paragraph of section 1498 of title 28, United States Code, is amended to read as follows: "Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manu- facture the same, the owner's remedy shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation for such use and manufacture.". SEc. 88. Section 1502 of title 28, United States Code, is amended by striking out the words "or with Indian tribes". SEC. 89 . (a) Title 28, United States Code, is further amended by inserting in chapter 91 thereof, immediately following section 1504, a new section, to be designated as section 1505, as follows: "§ 1505. Indian claims "The Court of Claims shall have jurisdiction of any claim against the United States accruing after August 13, 1946, in favor of any tribe, band, or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska whenever such claim is one arising under the Constitution, laws or treaties of the United States, or Executive orders of the President, or is one which otherwise would be cognizable in the Court of Claims if the claimant were not an Indian tribe, band or group.". (b) Paragraph numbered (2) of section 1542 of title 28, United States Code, is amended to read as follows: "(2) the Commissioner of Patents as to trade-mark applica- tions and proceedings as provided in section 1071 of title 15." SEC. 90. Subsection (a) of section 1651 of title 28, United States Code, is amended by inserting immediately after the word "jurisdic- tions", and before the word "agreeable", the word "and". 102 r63 STAT.

�