United States Courts

law, court, district, suits, circuit, judge and arising

Page: 1 2 3 4 5 6 7 8 9 10 | Next

Sec. 9. The district courts, as courts of admiralty and of equity, are deemed always open for the purpose of filing any pleading, of issuing and returning mesne and final pro cess, and of making and directing all inter locutory motions, etc., preparatory to a hear ing on the merits. A district judge may, up on reasonable notice to the parties, make, direct, and award, at chambers or in the clerk's office, and in vacation as well as in term, all such process, commissions, orders, etc., as are not grantable of course.

Sec. 13. If a district judge is prevented by any disability from holding any term of his court, any circuit judge of his circuit or, in the absence of all the circuit judges, the cir cuit justice of that circuit, may designate the judge of any other district in the same circuit to hold his court. If it appear im practicable to designate a district judge of the same circuit, the chief justice may des ignate a judge of any district in another cir cuit to hold the court. There is a like pro vision when the accumulation or urgency of business in any district court requires ad ditional judicial force. Provision is made for the designation of a circuit judge of a circuit to hold the district court (sec. 14).

Sec. 22. In case of vacancy, all process, pleading, and proceedings shall, if necessary, be continued by the clerk until a judge shall be appointed or designated to hold the court.

Sec. 24. District courts have original ju risdiction as follows: 1. Of all suits of a civil nature, at com mon law or in equity, brought by the United States, or by any officer thereof authorized by law to sue, or between citizens of the same state claiming lands under• grants from different states ; or, where the matter in controversy exceeds, exclusive of interest and costs, the sum or value of three thousand dollars, and (a) arises under the constitu tion or laws of the United States, or treaties made, or which shall be made, under their authority, or (b) is between citizens of dif ferent states, or (c) is between citizens of a state and foreign states, citizens, or subjects. No district court shall have cognizance of any suit (except upon foreign bills of ex change) to recover upon any promissory note or other chose in action in favor of any as signee, or of any subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such court to recover upon said note or other chose in ac tion if no assignment had been made: Pro vided, however, that the foregoing provision as to the sum or value of the matter in con troversy shall not be construed to apply to any of the cases mentioned in the succeeding paragraphs of this section.

2. Of all crimes and offenses cognizable under the authority of the United States.

3. Of all civil causes of admiralty and mar itime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it ; of all seizures on land or waters not with in admiralty and maritime jurisdiction ; of all prizes brought into the United. States ; and of all proceedings for the condemnation of property taken as prize.

4. Of all suits arising under any law re lating to the slave trade.

Of all cases arising under any law pro viding for internal revenue, or from revenue from imports or tonnage, except those cases arising under any law providing revenue from imports, jurisdiction of which has been conferred upon the Court of Customs Ap peals.

6. Of all cases arising under the postal laws.

7. Of all suits at law or in equity arising under the patent, the copyright, and the trade-mark laws.

8. Of all suits and proceedings arising un der any law regulating commerce, except those suits and proceedings exclusive juris diction of.which has been conferred upon the Commerce Court.

9. Of all suits and proceedings for the en forcement of penalties and forfeitures incur red under any law of the United States.

10. Of all suits by the assignee of any de benture for drawback of duties, issued un der any law for the collection of duties, against the person to whom such debenture was originally granted, or against any in dorser thereof, to recover the amount of such debenture.

11. Of all suits brought by any person to recover damages for any injury to his per son or property on account of any act done by him, under any law of the United States, for the protection or collection of any of the revenues thereof, or to enforce the right of citizens of the United States to vote in the several states.

Page: 1 2 3 4 5 6 7 8 9 10 | Next