Page:United States Statutes at Large Volume 44 Part 1.djvu/884

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§ 49:r1eT1.1a;28.#—JL'DI(l'I.·1L c. 309, § 4, SG Sint. 542: Mar. 3, 1911, o. 231., § 211, 36 Stat 1150;"0·;·t.:.2:1, 19l3,’ te. 3:2, 38 Stat. 219.) _ " 49. (Judicial Code, section 25.) as Appellate jurisdiction;’Chinese exclusion l2’i{*§.—-'The distrim·t courts shall have `nppellate jurisdit·tion· of `the judgments and orders of United State: (‘01lillRiSSi(Hl€l`S in canes arising under the Cllill€S€’€X(fluSi0I laws. ·(Mm·. 3, 1911, c. 231, § 25, 36 Stat. 1994.) . ·- ·56. (Judicial Code, section 26.) Same; felonies within Yel· `lowstone National Park.——The district court fof the district 01 \\'yuming shall have jl.ll‘lS(li(‘ti0I1 of ull -f(“(l0I1i€S ccumnittef \\"H'h_iI1 the Yellowstone Nutimxal 1.*:11:1;: and appellate jll'1‘lSdlCti0I of gmlgmouts in rzaseé of conviction before the commissfonm authorized to be nppoi11ted under Qeetion 27 of Title 16. (Mnr 3, 1911, c. 231, §_1!6, 36 Stat. 109-1.) - A — · · 51. (Judicial Code, section 27.) Jurisdiction ·of crimes oi Indian reservations in South Dak0ta.—€·The District Court of the United States for the District of South Dakota; shall have juris diction to hear, try, und determine all actions and proceeding: in which any person shall be charged with the crime of murder "manslaughter, rape, assault with intent to kill, arson,·burglary larceny, or assault with n dangerous wenp0n,°con1n1itted` withix thelimits of any Indian reservation in the State of Soutl Dakota. _(Feb. 2, 1903, eq 351, 32 Stat. 793; Mar. 4, .1909,;: 321, § 329, 35 Stat. 1151; Mar. 3, 1911, c. 231, § 27, .36‘Stat _52. Claims 1;es·ultiug· from seizure of vessels for unlawfu sealing in Bering Sea; claims which may be submitted; limits utichs.- Jurisdiction is conferred upon the United StatestDistr.ic1 Court, Northern District of'·Ch.1ifO1°l1i21, to hear' and determine the claims of American citizens, their heirs und legal repre sexxtntives, fordnmnges or loss occasioned by 0lT·I’€Sl1ltiIl§ fron the seizure, detention, saleQ AO1"§lll€1`fQl°GDC0 with their voynge by the United- States of venselsiehaxjgeel with unlawful `sealiu; in thelliering Sea "and water contiguous thereto a11d'0utsid< tof the t.h1°€‘B··l1lH(! limit duringthe years 1886 tG‘1896,.i1l(:Il1SiVB und to enter judgment therefor .·‘` All American citizens whose rights were affected by suit seizure, detention, sale, or interference specifically referred t< in the [)lfé('(’(llll,".§ paragraph during tl1¢ years 1886 to 1896 inclusivq may submit to the`;United States District Court it and for the Nortl1€>rn District of·Cnlifor_nin their-`clalms there· under. and the court shall render judgment thereon.*‘ Claim: not presented within two years from june 7, 1924,. shall there after be for4·vc·r deburredj. (June ·7, 1924, c. .308, §§ 1, 2, 3 43 Stat. 595.). _ ` Q _ ‘ ~ ' · 53.·’Jul;·isdict§cu of suits by or against CKi&1.a.'l"rai1e Act cor p0rat§o¤.~—-—!I`°l1e Fcder:11 district (‘Ull'l°(S—Sh£l]l have exclusive onigsgi nal ‘jm·isdi»ction ofnll suits (except ais. provided by suction: 191 to 197, 193, 200, and 202 of Title 22, as amended) to whiel _a Chinn Trade Act corpoz·ntiou,·or n stockholder, direc·tn1·,~o1 ntiioer tl1<=z‘<.»nf.in his ca;$ni;·ity_ ns such, is av party. Suittzgninsw the corporation may be brought in the United States Court fo1 Chinn, or in (l1{?·Sll]3l'0l1l£! Court of the District of'Columbla 01 in the 1·`ed¢.·ml district court for any districét in which the cor poration has an agent nndls ongznged an doing business. (Sept 19, 1922, 0. 346, § 20, 42 Stat. 855; Feb. 2631925, c. 345, 5*.10 4:; sun. 996.) ‘ ‘ L ‘ ” ` Clmptor 3.-·-DISTI{IC'1‘.COURTS; REMOVAL OF CAUSES. Sec. ‘ . . 2 - l 71.~R¢·moval of suits from State courts. 72. Same; procedure. · I _ _ 73. Sum_e;' suits under grants of land from dilferent States. 74. Same; causes against persons denied civil rights. ` 75. Same; petitioner in actual custody of State court,. 76. Same: suits and prosecutions against revenue nmcers. 77. Some; suits by aliens._ _ `· . _ 78. Same; copies o`f_recordu fetused by clerk of State court. .79. Same; previous attachment bonds or order!. ' 80. Statue; dismissal or. retnand. ·- ·

C01)E AND JUDICIARY SY?) _ i See. . · Sl. Smuci Drocootlings in suits removed. R2. Suxnc; record; filing and return, ' 83. Service of process after removal. B Section 71. (Judicial Code, section 28, amended.) Remo-,-gl I of suits from State courts;-——-Any suit of a civil nature. at ins or in- equity, arising under the Constitution or laws of the I`;;i;,,,g , States, or treaties made, or which shall made, under their as [ thority, of which the district"co~urts, of the United States az·»· 1 given original jurisdiction, in any State court, may be rem·»~,·,,,g I by th’e defendnntor defendants therein to the district court or L. .the· United States for the proper district. Any other suit of a _ civilamture, at law or in equity, of which the district courts cy ’ the United States are given .jurisdietion, in any State tan,;·;_ j _ may be removed into the district court of the United States its-

‘the proper district by the defendantfor defendants therein, ts.,

_‘ ling nonresidents of that State. · And when in any suit ”1m·n- S tionod __ in `this section tlxiereshall be.:1 controversy wlnick is ,, wholly between citizens of ·dilfe_rent States, and which can hp ·, fully determincd:rs._l>otwecn" them; then either one or more or , the defendants actually interested in such controversy may I remove sa.id.suit into the district court of the United Stairs. ,_ ‘fo'r`tl1e propc`r district. And where a suit is brought in any »_ °State court., in which there is a controversybetween a ci·tizt·n of the State in which the suit is brought and, at citizen of an- ] other State, any defendant, being suchcitizen of another Stan; - may reiuove such suit into the"district_court of the l'nitt·d I; States for the proper district, at any time before the trial E thereof, when it shall be made to appear to said district roam

 that Tfrom prejudice or local influence hewill not he -al»le_-to

1 obtain justice in. suclr State court, or in any other State court, , to which the said defendant may, under the laws of the State. g have the right, on account of such prejudioeor local influence. 3. tonremove said cause. If it further appear that said suit can ., be fully and; justly dcterinincd as to the other defendants in the State court,*without being affected by such prejudice or I local lndiaence, and- thatwno party to the suit will lxerprejudicoel , by a separation of the parties. said district court may direct

, fthe suit to`llE` l`t'llli1Xl(l(‘(l,_S0 far as relates to such other de

I fendants, to the State court, to·be proceeded with·therein.' At , nny tlmebcfore. the trial of any suit ln; any district court. S which has been removed to said courtfrom a State court onthe - affidavit ofl any party- plaintiff that he had reason to llelierc , and didbelieve that, from prejudice or local influence, he was unable to obtain justice ln said State court. the district court - shall, on. application of the other party, examine into the truth e ofsuid oflidzavit and the grounds thereof,`:nn¢l,‘ttuless_it shall 5 `appcar to the satisfaction of said court that said party wid , not able to obtain justlcein said State eourt, it shall cause , the same to be remandedthereto. Whenever any causeshall

· be removed fronrany State court into any district courtkof the

L- United States; and the district court shall decide that the cause E was improperly removed, and order the same to be remanded to J the State court from whence lt· came, such rcniand·.sg>a`ll be __ `imtnediately carried into execution, and `no appeal or Qrvrit of ’ errror from. the decision of the district court so ro&anding”_ such cause shall be allowed, `No casearising under sections 51 to 59 ot Title 45, and brought in any State court o1’ocom~ · potent jurisdiction shall be remored to any court of the United _ States. ·No suit brought in any State court of l competent V jurisdiction against a railr;o,g_d;_;co1npany, lor other corporation, or person, engaged in and carrying on the business of oa common <·a1·¤·i<—·r, to recover daxnagesr for delay, loss`of, orinjury to property received for transportation by such common —carrier_ r under section 20`·of Title 49, shall be removed. to. any court of. · the United States where the.matter—_ln controversy does not eitceed, exclusive otlnterest andrcosts. the sum or value of $3,®0.$ (Mar. 3, 1875, c. 137, § 2, 18, Stat. 470; .Mar.-3, 1887,