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of the death of the clerk, his deputy or deputies shall, unless removed, continue in office, and perform the duties of the clerk in his name until a clerk is appointed and qualified; and for the defaults or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk, and his estate, and the sureties in his official bond, shall be liable; and his executor or administrator shall have such remedy for any such defaults or misteasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime. 8 June, 1872, c. 336, v. 17, p. 330.

Sec. 625. Deputy clerks of circuit court in Indiana. - In the district of Indiana a deputy clerk of the circuit court must be appointed for said court held at New Albany, and a deputy clerk for said court held at Evansville, who shall reside and keep their offices at said places respectively. Each deputy shall keep in his office full records of all actions and proceedings in the circuit court held at the same place, and shall have the same power to issue all process from the said court that is or may be given to the clerks of other circuit courts in like cases.

3 Mar., 1871, c. 108, s. 1, v. 16, p. 473; 30 June, 1870, c. 180, ss. 1, 7, v. 16, p. 175.

Sec. 626. Compensation of deputy clerks.—The compensations of deputies of clerks of the circuit courts shall be paid by the clerks, respectively, and allowed, in the same manner that other expenses of the clerks' offices are paid and allowed. 8 June, 1872, c. 336, v. 17, p. 330.

SEC. 627. Commissioners.-Each circuit court may appoint, in different parts of the district for which it is he!d, so many discreet persons as it may deem necessary, who shall be called “commissioners of the circuit courts," and shall exercise the powers which are or may be expressly conferred by law upon commissioners of circuit courts. [See ?? 2025, 2026.]

2 Mar., 1793, c. 22, s. 4, v. 1, p. 334; 20 Feb., 1812, c. 25, s. 2, v. 2, p. 679; 1 Mar., 1817, c. 30, v. 3, p. 350.

Sec. 628. Marshals not to be commissioners.—Nomar. shal, or deputy marshal, of any of the courts of the United States shall hold or exercise the duties of commissioner of any of the said courts.

16 Aug., 1856, c. 124, s. 13, v. 11, p. 50.

CHAPTER VII.

CIRCUIT COURT_JURISDICTION.

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| Sec. 629. Jurisdiction.

644. Removal of suits by aliens m a 630. In bankruptcy.

particular case. 631. Appeals in admiralty cases. 645. When copies of records are re632. Copies of proofs and entries cer- fused by clerk of State court.

tified to appellate court. | 646. Attachments, injunctions, and 633. Writ of error to judgment of indemnity bonds to remain in district courts.

force after removal. 634. Circuit court in and for the three 647. Removal of suits where parties districts of Alabama.

claim land under titles from 635. Writs of error and appeals within different States. one year.

648. Issues of fact; when to be tried 636. Judgment or decree on review. by jury: 637. Jurisdiction of cases transferred | 649. Issues of fact tried by the court.

from district courts on account 650. Division of opinion in civil of disability, etc.

causes; decision by presiding 638. Courts always open for certain

judge. purposes.

651. Division of opinion in criminal 639. Removal of suits against aliens, cause; certificate. etc., where amount of $500 in 652. Division of opinion in civil

causes; certificate. 640. Removal of suits against cor- 653. Business of the circuit court for

porations organized under a the two districts of Missouri law of the United States.

transferred, how. 641. Removal of causes against per- 654. Process issued out of former cir

sons denied any civil right, cuit court for Missouri.
etc.

| 655. Transfer of cases between east642. When petitioner is in actual ern and western districts.

custody of State court. 656. Custody of books, papers, etc., 643. Removal of suits and prosecu

of circuit court of Missouri. tions against revenue officers | 657. Circuit court for southern disand officers acting under reg trict of New York, how limistration laws.

ited. NOTE.-See act of March 3, 1875, following section 629.

dispute.

SEC. 629. Jurisdiction.—The circuit courts shall have original jurisdiction as follows:

Alien, citizens of different States.-First. Of all suits of a civil nature at common law or in equity, where the matter in dispnte, exclusive of costs, exceeds the sum or value of five hundred dollars, and an alien is a party, or the suit is between a citizen of the State where it is brought and a citizen of another State: Provided, That no circuit court shall have cognizance of any suit to recover the contents of any promissory note or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.

24 Sept., 1789, c. 20, s. 11, v. 1, p. 78; 3 Mar., 1875, c. 137, ss. 1, 2, 3, r. 18, pp. 470_473.

[For changes made by the act of March 3, 1875, see post, p. 145, et seq., and notes.]

1. Article 3, section 1, of the constitution of the United States, provides as follows: “The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the congress may, from time to time, ordain and establish."

Section 2 provides: “The judicial power shall extend to all cases in law or equity, arising under this constitution, the laws of the United States and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, or other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; .between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects."

The acts of congress, based upon the foregoing provisions of the constitution of the United States, and conferring original jurisdiction in the cases therein referred to, is the Act of September 24, 1789, generally known as the "Judiciary Act," the eleventh section of which, relating to jurisdiction of the circuit court, was repealed by the act of March 3, 1875. Its provisions, however, relating to the jurisdiction, of the circuit court, are substantially embodied in said act. The judiciary act was adopted soon after the constitution went into operation, and its provisions remained substantially unchanged, so far as they related to the original jurisdiction of the circuit court until superseded by the provisions of this act. The act of March 3, 1875, will be found set forth on p. 145, post.

The eleventh section of the judiciary act, of 1879, provided as follows: "That the circuit courts shall have original cognizance concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs or petitioners; or an alien is a party, or the suit is between a citizen of the State where the suit is brought, and a citizen of another State; and shall have exclusive cognizance of all crimes and offenses cognizable under the authority of the United States, except where this act otherwise provides, or the laws of the United States shall otherwise direct, and concurrent jurisdiction with the district courts of the crimes and offenses cognizable therein. But no person shall be arrested in one district, for trial in another, in any civil action before a circuit or district court. And no civil suit shall be brought before either of said courts against an inhabitant of the United States by any original process in any other district than that whereof he is an inhabitant or in which he shall be found at the time of serving the writ, nor shall any circuit or district court have cognizance of any suit to recover the contents of any promissory note or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange. And the circuit courts shall also have appellate jurisdiction from the district courts under the regulations and restrictions hereinafter provided.” 1 Stat. at Large, 78.

The importance of these provisions and the long period (nearly a century) that they were in operation, naturally called forth many decisions of the courts on their meaning and construction; and those contained in this note will be mainly those made in interpretation of them. Those bearing on, and of importance in interpeting, the provisions of the Revised Statutes, and the act of March 3, 1875, on the same subject. will be manifest in many cases, and in others must be left to the sound judgment of those interested in the same question.

All parties must be competent. It may be observed that under the provisions of the eleventh section of the judiciary act it was generally held, that the provision giving jurisdiction to the circuit courts where an alien was a party, or the suit was between a citizen of the State where thesuit was brought and a citizen of another State, meant that each distinct interest should be represented by parties, all of whom might sue or might be sued in the federal courts; that, when the interest was joint, each of the persons interested must be competent to sue or be sued in those courts; and that the jurisdiction of the circuit courts was defeated, if some of the defendants were citizens of the same State with the plaintiffs. Strawbridge v. Curtis, 3 Cr., 267; Ward v. Arredondo, 1 Paine, C. C., 410; Commercial Bank v. Slocomb, 14 Pet., 60.' And in the case last cited it was held that the principle was not affected by the provisions of the act of February 28, 1839.

The first section of that act conferred a small additional power upon the circuit court. It provided as follows: “That where, in any suit at law or in equity commenced in any court of the United States, there shall be several defendants, any one or more of whom shall not be inhabitants of or found within the district where the suit is brought, or shall not voluntarily appear thereto, it shall be lawful for the court to entertain jurisdiction, and proceed to the trial and adjudication of such suit, between the parties who may be properly before it; but the judgment or decree rendered therein, shall not conclude or prejudice other parties, not regularly served with process, or

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