Page:United States Statutes at Large Volume 68 Part 1.djvu/1265

 68

STAT.]

PUBLIC LAW 779-SEPT. 3, 1954

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not reside in any judicial district in the United States at the time of bringing such suit, the proceedings may be instituted in the United States District Court for the District of Columbia or in the United States district court in the judicial district in which such person last had his residence.". SEC. 19. Section 4 of Title 9, United States Code, entitled "Arbitration", is amended (1) by striking out, in the first sentence, "court of the United States" and in lieu thereof inserting "United States district court"; (2) by striking out, in the first sentence, "the judicial code at law, in equity,", and in lieu thereof inserting "Title 28, in a civil action"; (3) by striking out, in the third sentence, "law for the service of summons in the jurisdiction in which the proceeding is brought", and in lieu thereof inserting "the Federal Rules of Civil Procedure"; and (4) by striking out, in the eighth sentence, "law for referring to a jury issues in an equity action", and in lieu thereof inserting "the Federal Rules of Civil Procedure", so that such section, exclusive of the section heading thereto, Avill read as follows: ai to •'A party aggrieved by the alleged failure, neglect, or refusal of b iF r a lt u r eu n d art e er agreements. another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under Title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by the Federal Rules of Civil Procedure. The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement. The hearing and proceedings, under such agreement, shall be within the district in which the petition for an order directing such arbitration is filed. If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof. If no jury trial be demanded by the party alleged to be in default, or if the matter in dispute is within admiralty jurisdiction, the court shall hear and determine such issue. Where such an issue is raised, the party alleged to be in default may, except in cases of admiralty, on or before the return day of the notice of application, demand a jury trial of such issue, and upon such demand the court shall make an order referring the issue or issues to a jury in the manner provided by the Federal Rules of Civil Procedure, or may specially call a jury for that purpose. If the jury find that no agreement in writing for arbitration was made or that there is no default in proceeding thereunder, the proceeding shall be dismissed. If the jury find that an agreement for arbitration was made in writing and that there is a default in proceeding thereunder, the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with the terms thereof.". SEC. 20. The last paragraph, under the heading "MISCELLANEOUS", U.Indebtedness to S., withholding in the Act approved July 16, 1892 (ch. 195, 27 Stat. 174), appearing oipky at page 177 of volume 27 of the Statutes at Large, and as amended by the Act approved July 10, 1952 (ch. 654, 66 Stat. 575; 10 U.S.C. sec. 877; 14 U.S.C. sec. 461 note; 34 U.S.C. sec. 890), is amended by striking out, after " A i r Force,", the following: "Marine Corps, and Coast Guard", and in lieu thereof inserting "and Marine Corps", so that such paragraph will read as follows:

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