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II.

COMPARISON OF THE JUDICIARY ACTS OF MARCH 3, 1875, AND MARCH 3, 1887.

The provisions of the act of March 3, 1875, and those of the act of March 3, 1887, are shown below in parallel columns, those parts of sections 1, 2, and 3 of the former act which do not appear in the latter act, and those parts of the latter act, amending sections 1, 2, and 3 of the former act, which do not appear in the former act, being in italic:

CHAP. 137.

AN ACT TO DETERMINE THE JU-
RISDICTION OF CIRCUIT COURTS

OF THE UNITED STATES, AND
ΤΟ REGULATE THE REMOVAL
OF CAUSES FROM STATE COURTS,

AND FOR OTHER PURPOSES.

Approved March 3d, 1875 (18
Stat. 470).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

PUBLIC-No. 159.

AN ACT TO AMEND THE ACT OF
CONGRESS APPROVED MARCH
THIRD, EIGHTEEN HUNDRED AND
SEVENTY-FIVE, ENTITLED "AN

ACT TO DETERMINE THE JURIS-
DICTION OF CIRCUIT COURTS
OF THE UNITED STATES AND
TO REGULATE THE REMOVAL OF

CAUSES FROM STATE COURTS,
AND FOR OTHER PURPOSES,"
AND ΤΟ FURTHER REGULATE
THE JURISDICTION OF CIRCUIT

courts of the UNITED STATES,

AND FOR OTHER PURPOSES.

Approved March 3, 1887.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of an act entitled "An act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from state courts, and for other purposes," approved March third,

C

That the circuit courts of the United States 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 arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or in which the United States are plaintiffs or petitioners, or in which there shall be a controversy between citizens of different States

or a controversy between citizens of the same state claiming lands under grants of diffent states, or a controversy between citizens of a state and foreign states, citizens, or subjects;

and shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except as otherwise provided by law,

eighteen hundred and seventyfive, be, and the same is hereby, amended so as to read as follows:

"That the circuit courts of the United States 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 interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or in which controversary the United States are plaintiffs or petitioners, or in which there shall be a controversary between citizens of different states, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid,

or a controversary between citizens of the same state, claiming lands under grants of different states, or a controversary between citizens of a state and foreign states, citizens, or subjects, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid,

and shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except as otherwise provided by law, and

and concurrent jurisdiction with the district courts of the crimes and offences 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 any person by any original process or proceeding in any other district than that whereof he is an inhabitant, in which he shall be found at the time of serving such process or commencing such proceeding, except as hereinafter provided;

nor shall any circuit or district court have cognizance of any suit founded on contract in favor of an assignee, unless a suit might have been prosecuted in such court to recover thereon if no assignment had been made, except in cases of promissory notes negotiable by the law merchant and bills of exchange.

And the circuit courts shall also have appellate jurisdiction from the district courts under the regulations and restrictions prescribed by law.

SEC. 2. That any suit of a

concurrent jurisdiction with the district courts of the crimes and offences cognizable by them. 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 any person by any original process of proceeding in any other district than that whereof he is an inhabitant; but where the jurisdiction is founded only on the fact that the action is between citizens of different states, suit shall be brought only in the district of the residence of either the plaintiff or the defendant;

nor shall any circuit or district court have cognizauce of any suit except upon foreign bills of exchange, to recover the contents of any promissory note or other chose in action in favor of any assignee, or of any subsequent holder of 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 the said contents if no assignment or transfer had been made; and the circuit courts shall also have appellate jurisdiction from the district courts, under the regulations and restrictions prescribed by law."

"SEC. 2. That any suit of a

civil nature, at law or in equity, now pending or hereafter brought in any state court where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or in which the United States shall be plaintiff or petitioner, or in which there shall be a controversy between citizens of different states, or a controversy between citizens of the same state claiming lands under grants of different states, or a controversy between citizens of a state and foreign states, citizens, or subjects, either party may remove said suit into

the circuit court of the United States for the proper district.

And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them,

civil nature, at law or in equity, arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, of which the circuit courts of the United States are given original jurisdiction by the preceding section, which may now be pending, or which may hereafter be brought, in any state court, may be removed by the defendant or defendants therein to

the circuit court of the United States for the proper district any other suit of a civil nature, at law or in equity, of which the circuit courts of the United States are given jurisdiction by the preceding section, and which are now pending, or which may hereafter be brought, in any state court, may be removed into the circuit court of the United States for the proper district by the defendant or defendants therein being non residents of that state; and when in any suit mentioned in this section there shall be a controversy which is wholly hetween citizens of different states, and which can be fully determined as between them, then

then either one or more of the plaintiffs or defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.

[See section 639, subdivision Third, of the Revised Statutes of the United States.]

either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.

And where a suit is now pending, or may be hereafter brought, in any state court, in which there is a controversy between a citizen of the state in which the suit is brought and a citizen of another state, any defendant, being such citizen of another state, may remove such suit into the circuit court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such state court, or in any other state court to which the said defendant may, under the laws of the state, have the right, on account of such prejudice or local influence, to remove said cause: Provided, That if it further appear that said suit can be fully and justly determined as to the other defendants in the state court, without being affected by such prejudice or local influence, and that no party to the suit will be prejudiced by a separation of the parties, said circuit court may direct the suit to be remanded, so far as relates to such other defendants, to the state court, to be proceeded with therein. At any

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