페이지 이미지
PDF
ePub

hereinbefore prescribed, and until such appointment shall have been made, or during the absence of any agent of such company from such district, service of process may be upon the clerk of the court wherein such suit is brought, with like effect as upon the agent appointed by the company. The officer executing such process upon such clerk shall immediately transmit a copy thereof by mail to the company, and state such fact in his return. A judgment, decree, or order of a court entered or made after service of process as aforesaid shall be as valid and binding on such company as if served with process in said district.45

"The district courts of the United States shall have original cognizance to entertain suits in equity begun by bills of interpleader where the same are filed by any insurance company or fraternal beneficiary society, duly verified, and where it is made to appear by such bill that one or more persons, being bona fide claimants against such company or society, reside within the jurisdiction of said court; that such company or society has made or issued some policy of insurance or certificate of membership providing for the payment of a sum of money of at least $500 as insurance or benefits to a beneficiary or beneficiaries or to the heirs, next of kin, or legal representative of the person insured or member; that two or more adverse claimants, citizens of different states, are claiming or may claim to be entitled to such insurance or benefits and that such company or society deposits the amount of such insurance or benefits with the clerk of said court and abide the judgment of said court. In all such cases the court shall have the power to issue its process for said claimants, returnable at such time as the said court or a judge thereof shall determine, which shall be addressed to and served by the United States marshals for the respective districts wherein said claimants reside or may be found; to hear said bill of interpleader and decide thereon according to the practice in equity; to discharge said complainant from further liability upon the payment of said insurance or benefit as directed by the court, less complainant's actual court costs; and shall have the power to make such orders and decrees as may be suitable and proper and to issue the necessary writs usual and customary in such cases for the pur

45 Ibid, § 2, Comp. St. § 3294.

pose of carrying out such orders and decrees; Provided, That in all cases where a beneficiary or beneficiaries are named in the policy of insurance or certificate of membership or where the same has been assigned and written notice thereof shall have been given to the insurance company or fraternal benefit society, the bill of interpleader shall be filed in the district where the beneficiary or beneficiaries may reside." 46

The Judicial Code continues: "§ 40. The trial of offenses punishable with death shall be had in the county where the offense was committed, where that can be done without great inconvenience.47

"$41. The trial of all offenses committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district court where the offender is found, or into which he is first brought.

$42. When any offense against the United States is begun in one judicial district and completed in another, it shall be deemed to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein.

"§ 43. All pecuniary penalties and forfeitures may be sued for and recovered either in the district where they accrue or in the district where the offender is found." 48

The Judicial Code continues: "§ 44. Taxes accruing under any law providing internal revenue may be sued for and recovered either in the district where the liability for such tax occurs or in the district where the delinquent resides." 49

Prosecutions for the offense of unlawful discrimination in the transportation of property in interstate or foreign commerce or for acts therewith connected are prosecuted in the district in which the violation of the law was committed or in any district through which the transportation was conducted.50

46 Feb. 22, 1917, c. 113, 39 St. at L. 929, Comp. St. § 991a.

47 See infra, § 525.

48 This applies to a suit to recover the penalty for the importation of contract labor. Tomkins v. Paterson, 238 Fed. 879.

49 36 St. at L. 1100, Comp. St. §§ 1022-1026.

50 Act of June 29, 1906, 34 St. at L. 584, 588.

Prior to the Judicial Code, it was held that the sections of the Revised Statutes limiting the jurisdiction, because of the residence of the parties, did not affect the jurisdiction in admiralty.51 Courts of admiralty have jurisdiction in proceedings in rem wherever the property is seized and in proceedings in personam wherever the person is served with process.52 The sections of the Judicial Code following preserve this general jurisdiction of courts of admiralty over certain proceedings in rem.53 It has been held: that the exception of suits "of a local character," in a statute defining the territorial jurisdiction of a particular District Court, directs, by implication that such a suit must be brought in the division where the thing or property procceded against happens to be situated; that a libel in admiralty is a suit of a local nature, and consequently must be prosecuted in the division where the vessel is seized, although her home port is in another division.54

§ 45. Proceedings on seizures made on the high seas, for forfeiture under any law of the United States, may be prosecuted in any district into which the property so seized was brought and proceedings instituted. Proceedings on such seizures made within any district shall be prosecuted in the district where the seizure is made, except in cases where it is otherwise provided.

"§ 46. Proceedings for the condemnation of any property captured, whether on the high seas or elsewhere out of the limits of any judicial district, or within any district, on account of its being purchased or acquired, sold or given, with intent to use or employ the same, or to suffer it to be used or employed, in aiding, abetting, or promoting any insurrection against the Government of the United States, or knowingly so used or employed by the owner thereof, or with his consent, may be prosecuted in any district where the same may be seized, or into which it may be taken and proceedings first instituted. "§ 47. Proceedings on seizures for forfeiture of any vessel or cargo entering any port of entry which has been closed by

51 Re Louisville Underwriters, 134 U. S. 488, 33 L. ed. 991.

52 Ibid.

53 Jud. Code, §§ 45, 46, 47, 36 St. at L. 1087.

54 D. Washington v. The Willamette, 53 Fed. 602.

the President in pursuance of law, or of goods and chattels coming from a State or section declared by proclamation of the President to be in insurrection into other parts of the United States, or of any vessel or vehicle conveying such propcrty, or conveying persons to or from such State or section, or of any vessel belonging, in whole or in part, to any inhabitant of such State or section, may be prosecuted in any district into which the property so seized may be taken and proceedings instituted; and the district court thereof shall have as full jurisdiction over such proceedings as if the seizure was made in that district." 55

Jurisdiction of a proceeding for the forfeiture of smuggled goods exists only in the district of seizure, which is the district in which the goods, if on land, are found. A collector cannot, by carrying them into another district and there making the formal seizure confer jurisdiction of the proceeding on the court in such district.56 Whether admiralty jurisdiction remains otherwise the same as before the enactment of this Code, has not been decided.

Courts of bankruptcy are not affected by these sections. Such may "adjudge persons bankrupt who have had their principal place of business, resided, or had their domicile within their respective territorial jurisdictions for the preceding six months, or the greater portion thereof, or who do not have their principal place of business, reside, or have their domicile within the United States, but have property within their jurisdiction, or who have been adjudged bankrupts by courts of competent jurisdiction without the United States and have property within their jurisdiction," 57 and "exercise ancillary jurisdiction over persons or property within their respective territorial limits. in aid of a receiver or trustee appointed in any bankruptcy proceedings pending in any other court of bankruptcy." 58 The extent to which jurisdiction in suits by aliens is affected by the residence of the parties, is discussed in a previous section.59 Proceedings to cancel a certificate of citizenship issued to a

55 36 St. at L. 1100, Comp. St. § 1030.

56 U. S. v. Larkin, C. C. A., 153 Fed. 113. See U. S. v. Whitcomb

M. R. Co., 45 Fed. 89.

Fed. Prac. Vol. I-16

57 30 St. at L. 544, § 2. See infra, § 615.

58 Ibid., as amended 36 St. at L. 838. See infra, § 612. 59 Supra, $ 45.

naturalized citizen should be brought in the district where he resides at the time the suit is brought.60 It has been held that such proceedings may not be brought in a district where the naturalized citizen is in prison when his residence at the time of his conviction was elsewhere.61

§ 61a. Residence in suits by the United States. A suit by the United States, unless the statute authorizing the same otherwise provides, can be brought only in the district of which the defendant is an inhabitant.1 Even when an individual is surety upon a a bail bond filed in a Federal court in another State, his liability cannot be established, except by proceedings in his own State and district.2 The Act of August 13, 1894, which directs the filing of bonds by contractors upon public works of the United States, for the security of laborers and material men, provides that the suit upon such bond be brought "in the Circuit Court of the United States in the district in which said contract was to be performed and executed, irrespective of the amount in controversy in such suit and not elsewhere." 3 Before the Judicial Code, it was held that this authorized the Federal court in such district to obtain jurisdiction of the persons of non-resident defendants through the service upon them of its process in whatever district they might be found.4

§ 61b. Residence in suits arising under the Constitution or laws of the United States. Where the jurisdiction depends upon the existence of a Federal question, and is exclusive, the suit must be brought in the district of the defendants' residence; except in those cases arising under the special statutes

60 34 St. at L. 601, Comp. St., $ 4374; infra, § 151b.

61 U. S. v. Goodrich, 211 Fed. 548.

$ 61a. 1 U. S. v. No. Pac. R. Co., C. C. A., 134 Fed. 715; Kirk v. U. S., C. C. A., 137 Fed. 753; affirmed 199 U. S. 607.

2 Kirk v. U. S., C. C. A., 137 Fed. 753; affirmed 199 U. S. 607, 50 L. ed. 331.

3 28 St. at L. 278, amended 33 St. at L. 811. It was held that this

applied only to suits by claimants for labor or material supplied to the contractor and not to one brought by the Government for its own benefit. U. S. v. McGee, 171 Fed. 209. See § 5a, supra.

4 U. S. v. Congress Construction Co., 222 U. S. 199. See, also, U. S. v. Schofield Co., 182 Fed. 240.

§ 61b. 1 Macon Grocery Co. V. Atlantic Coast Line R. R. Co., 215 U. S. 501, 54 L. ed. 300; affirming Atlantic Coast Line R. Co. v. Ma

« 이전계속 »