have cognizance, concurrent as last mentioned, of all suits at common law, where the United States sue, and the matter in dispute amounts, exclusive of costs, to the sum or value of one hundred dollars. And shall also have jurisdiction exclusively of the courts of the several states, of all suits against consuls or vice-consuls, except for offenses above the description aforesaid. And the trial of issues in fact, in the district courts, in all causes, except civil causes of admiralty and maritime jurisdiction, shall be by jury."

legislation-Revised

§ 608. Same-Additional statutes.— Prior to the last authoritative revision of the federal statutes, running through the whole period from the organization of the government down to the time of the revision, there was a great mass of federal legislation affecting the jurisdiction of the district courts, all of which was carried into the revised statutes, and an attempt was made to enumerate and state in one section all the different subjects of which those courts have cognizance; and since the revision there has been additional legislation, vesting jurisdiction in the district courts, and it is the purpose of this chapter to state succinctly the various. heads of this jurisdiction, with a reference to the principal statutes and leading decisions.

6

§ 609. Criminal jurisdiction of the district courts.-The district courts have original jurisdiction (1) of all crimes and offenses cognizable under the authority of the United States, committed within their respective districts, or upon the high seas, the punishment of which is not capital, except in the cases mentioned in section fifty-four hundred and twelve, title "crimes;" and (2) of all cases arising under any act for the punishment of piracy, when no circuit court is held in the district of such court.8

§ 610. The district courts have no common-law jurisdiction of crimes. It is well settled that there are no common-law

1150); Helwig v. United States, 188 U. S. 605, 619 (47:614); The Cassius, 2 Dall. 365 (1:417); Evans v. Bollen, 4 Dall. 342 (1. 859).

U. S. Rev. Stat. 563, 4 Fed. Stat. Anno. 218-236; U. S. Comp. Stat. 1901, pp. 455-460.

7 U. S. Rev. Stat. sec. 563, cl. 1; U. S. Comp. Stat. 1901, 455, 456; 4 Fed. Stat. Anno. 218, 219.

8 U. S. Rev. Stat. sec. 563, cl. 2; U. S. Comp. Stat. 1901, 456; 4 Fed. Stat. Anno. 219.

offenses against the United States; the criminal jurisdiction of the courts of the United States is wholly derived from federal legislation; it devolves upon congress to define what are crimes against the general government, to fix the proper punishment, and to confer jurisdiction for their trial, and the execution of the judgments rendered upon such trial."

§ 611. Suits for penalties and forfeitures.-The district courts have original jurisdiction of all suits for the recovery of penalties and forfeitures incurred under any law of the United States.10

§ 612. Same-Action of debt for pecuniary penalty.—The proper form of action for pecuniary penalties and forfeitures incurred under the federal statutes is a civil action or information of debt, brought in the name of the United States, and that is the form of action adopted at an early day and followed in the district courts for such penalties and forfeitures.11 The action of debt lies whenever a sum certain is due the plaintiff from the defendant, or a sum which can readily be rendered

U. S. v. Hudson, 7 Cranch, 32 (3:259); U. S. v. Eaton, 144 U. S. 677, 688 (36:591); U. S. v. Coolidge, 1 Wheat. 415 (4:124); U. S. v. Britton, 108 U. S. 199. 206 (27:698, 700); Manchester v. Massachusetts, 139 U S. 240, 263 (35: 159); Jones v. U. S., 137 U. S. 202, 211 (34:691, 695); Peters v. U. S., 36 C. C. A. 107, 109; U. S. v. Walsh, 5 Dill. 60, Fed. Cas. 16,636; U. S. v. Martin, 4 Cliff. 157, Fed. Cas. 15,728; In re Greene, 52 Fed. R. 104; U. S. v. Lewis, 36 Fed. R. 449; U. S. v. Bevans, 3 Wheat. 337, 391 (4:404); U. S. v. Wilteberger, 5 Wheat. 76 (5:37).

10 U. S. Rev. Stat. sec. 563, cl. 3; U. S. v. Brougher, 6 McLean, 277, Fed. Cas. 14,627; U. S. v. Willetts, 5 Ben. 220, Fed. Cas. 16,699; Matthews v. Offley, 3 Sumn. 115, Fed. Cas. 9,290; U. S. v. Colt, Pet. (C. C.) 145, Fed. Cas. 14,839; The Nashville, 4 Biss. 188, Fed. Cas. 10,023; Adams V. Woods, 2 30

Cranch, 336 (2:297); Ex parte Marquand, 2 Gall. 552, Fed. Cas. 9,100; Rosenburg v. Union Iron Works, 109 Fed. R. 844; Lees v. U. S., 150 U. S. 476 (37:1150); U. S. v. Mooney, 11 Fed. R. 476; U. S. v. Mooney, 116 U. S. 106 (29:550); Helwig v. U. S., 188 U. S. 605 (47:614); U. S. v. Whitcombe Metallic Bedstead Co., 45 Fed. R. 44; U. S. v. Mexican National Ry. Co., 40 Fed. R. 769; In re Rosey, 6 Ben. 507, Fed. Cas. 12,066; Jacobs v. U. S., 1 Brock. 520, Fed. Cas. 7,157.

11 Matthews v. Offley, 3 Sumn.. 115, Fed. Cas. 9,290; U. S. v. Colt, Pet. (C. C.) 145, Fed. Cas. 14,839; In re Rosey, 6 Ben. 507, Fed. Cas. 12,066; Jacobs v. U. S., 1 Brock. 520, Fed. Cas. 7,157; The Nashville, 4 Biss. 188, Fed. Cas. 10,023; U. S. v. Willetts, 5 Ben. 220, Fed. Cas. 11,699; Chaffee v. U. S., 18 Wall. 561 (21:908).

certain-a sum requiring no future valuation to settle the amount. It is not necessarily founded on a contract. It is immaterial in what manner the obligation was incurred, or by what it is evidenced, if the sum owing is capable of being readily and definitely ascertained.12

§ 613. Same-Exclusive jurisdiction of the district courts as to penalties incurred under the custom laws.-The district courts of the United States have original exclusive jurisdiction of all civil actions or informations of debt to recover pecuniary penalties for violations of the custom laws of the United States, the circuit courts having no jurisdiction in that class of cases.13 § 614. Same-Actions for penalties under federal statutes prohibiting importation of foreigners under contract to labor. The district courts are vested with jurisdiction of civil actions. of debt for the recovery of pecuniary penalties imposed for violations of the federal statutes prohibiting the importation or migration of foreigners and aliens into the United States under promise or agreement to perform labor or service of any kind, skilled or unskilled, in the United States; 14 and, by the last act on the subject, the circuit courts are invested with full concurrent jurisdiction with the district courts in all causes, criminal and civil, arising under the provisions of the act.15

§ 615. Suits at common law by the United States or officers thereof. The district courts have original jurisdiction, concurrent with the circuit courts, of all suits at common law,

12 U. S. v. Colt, Pet. (C. C.) 145, Fed. Cas. 14,839; Stockwell v. U. S., 13 Wall. 531, 568 (20:491); Chaffee v. U. S., 18 Wall. 561 (21: 908).

13 U. S. v. Mooney, 11 Fed. R. 476; U. S. v. Mooney, 116 U. S. 106 (29:550); Helwig v. U. S., 188 U. S. 605 (47:614).

14 23 U. S. Stat. at L. ch. 164, pp. 332, 333; 24 U. S. Stat. at L. ch. 220, pp. 414, 415; 25 U. S. Stat. at L. ch. 1210, sec. 1, pp. 566, 567; 26 U. S. Stat. at L. ch. 551, pp. 1084-1086; 27 U. S. Stat. at L. ch. 206, pp. 569-571; 32 U. S. Stat. at L. part 1, ch. 1012, secs. 1, 2,

3, 4, 5, 6, 7, 8, 9, 29, pp. 12131222; 3 Fed. Stat. Anno. 298-307; U. S. Comp. Stat. Supplement 1905, pp. 274-289; Lees v. United States, 150 U. S. 476 (37:1150); Rosenberg v. Union Iron Works, 109 Fed. R. 844; United States v. Whitcomb Metallic Bedstead Co., 45 Fed. R. 44; United States v. Mexican National Ry. Co., 40 Fed. R. 769; U. S. Rev. Stat. sec. 563, cl. 3: 4 Fed. Stat. Anno. 219; U. S. Comp. Stat. 1901, p. 456.

15 32 U. S. Stat. at L. part 1, ch. 1012, secs. 1, 2, 3, 4, 5, 6, 7, 8, 9, 29, pp. 1213-1222.

brought by the United States, or any officer thereof, under the authority of any act of congress, authorizing them to sue, without regard to the amount in controversy.16

§ 616. Same Suits by receivers of national banks.-Appointments of receivers of insolvent national banks, made by the comptroller of the currency, for the purpose of winding up the affairs of such banks, as provided by the national banking act, are presumed to be made with the concurrence and approval of the secretary of the treasury, and are made by the head of a department, within the meaning of the constitution; and the receiver, being appointed pursuant to an act of congress to execute duties prescribed by that act, is, in the execution of those duties, an agent and officer of the United States, and actions brought by him to recover assessments duly laid upon the stockholders, and necessary to provide for the payment of the debts of the bank, and actions to collect the assets of the bank from its delinquent debtors, are suits at common law brought by an officer of the United States, suing under the authority of an act of congress, of which the district and circuit courts have concurrent jurisdiction, without regard to the citizenship of the parties or the amount in controversy."

16 U. S. Rev. Stat. sec. 563, cl. 4; 4 Fed. Stat. Anno. 220; U. S. Comp. Stat. 1901, p. 456; Price v. Abbott, 17 Fed. R. 506; Hender v. Railroad Co., 26 Fed. R. 677; Stephens v. Bernays, 41 Fed. R. 401; Frelinghuysen v. Baldwin, 12 Fed. R. 395; Armstrong v. Ettlesohn, 36 Fed. R. 209; Fisher v. Yoder, 53 Fed. R. 565; Myers v. Hittinger, 94 Fed. R. 370; Aldrich v. Campbell, 97 Fed. R. 663; Henry v. Sowles, 28 Fed. R. 481; Stanton v. Wilkinson, 8 Ben. 377, Fed. Cas. 13,299; 3 U. S. Stat. at L. ch. 101, sec. 4, p. 1815; Schofield v. Palmer, 134 Fed. R. 573. Section 4 of the Act of March 3, 1815, 3 U. S. Stat. at L. ch. 101, p. 245, supra, is as follows: "That the district courts of the United States shall have cognizance con

current with the courts and magistrates of the several states, and the circuit courts of the United States, of all suits at common law, where the United States, or any officer thereof, under authority of any act of congress, shall sue, although the debt, claim, or other matter in dispute, shall not amount to one hundred dollars." 17 Price, Receiver, v. Abbott, 17 Fed. R. 500: Hendee, Receiver, v. R. Co., 26 Fed. R. 677; Stephens v. Bernays, 41 Fed. R. 481; Frelinghuysen v. Baldwin, 12 Fed. R. 395; Armstrong v. Ettlesohn, 36 Fed. R. 209; Fisher v. Yoeder, 53 Fed. R. 565; Thompson v. Pool, 70 Fed. R. 725, Short v. Hepburn, 75 Fed. R. 113; Brown v. Smith, 88 Fed. R. 565; Meyers v. Hettinger, 94 Fed. R. 370; Aldrich v.

§ 617. Same Same Jurisdiction to order receiver to sell or compound debts and sell real and personal property.-The national banking act declares that when a receiver has been appointed of an insolvent bank, "such receiver, under the direction of the comptroller shall take possession of the books, records, and assets of every description of such association. collect all debts, dues, and claims belonging to it, and, upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, may sell all the real and personal property of such association, on such terms as the court shall direct;" 18 and the federal district court is a court of competent jurisdiction to make the orders mentioned in the statute." 19

§ 618. Same-Action of debt on postmaster's bond.-The district courts have jurisdiction, concurrent with the circuit courts, of an action of debt brought by the postmaster-general, against the postmaster on his official bond.20

§ 619. Suits in equity to enforce internal revenue tax liens. The federal statutes provide a scheme for the assessment and levy of the internal revenue tax,21 make such tax a lien upon all the property, real and personal, belonging to such persons as are liable to pay any such tax and neglect or refuse to pay the same after demand,22 and further provide that in any case where there has been a refusal or neglect to pay the tax, and it has become necessary to seize and sell real estate to satisfy the same, the commissioner of internal revenue may direct a bill in chancery to be filed in a district or circuit court of the United States, to enforce the lien of the United States for the taxes upon any real estate, or to subject any real estate owned

Campbell, 97 Fed. R. 663; Platt v. Beach, 2 Ben. 303, Fed. Cas. 11,215; Stanton v. Wilkeson, 8 Ben. 357, Fed. Cas. 13,299; Gibson v. Peters, 150 U. S. 342, 348 (37: 1104).

18 U. S. Rev. Stat. Sec. 5,234; Wallace v. Hood, 89 Fed. R. 11; Turner v. Richardson, 180 U. S. 87, 92 (45:438).

19 In re Platt, 1 Ben. 534, Fed. Cas. 11,211.

20 Postmaster-General v. Early, 12 Wheat. 136 (6: 577); Dax v. Postmaster-General, 1 Pet. 323 (7:162); Postmaster-General V. Furber, 4 Mason, 333, Fed. Cas. 11,308; United States v. Green, 4 Mason, 434, Fed. Cas. 15,258.

21 U. S. Rev. Stat. secs. 31723185.

22 U. S. Rev. Stat. sec. 3186.