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proper action, found not to be the rightful owner thereof, such occupant shall be entitled in the Federal courts to all the rights and remedies, and, upon instituting the proper proceedings, such relief as may be given or secured to him by the statutes of the State or Territory where the land lies, although the title of the plaintiff in the action may have been granted by the United States after said improvements were so made. [Approved June 1, 1874.] (18 U. S. Stats 50. See Rev. Stats. sec. 121.)

§ 247 (726). New trials. All of the said courts shall have power to grant new trials in cases where there has been a trial by jury, for reasons for which new trials have usually been granted in the courts of law. (Rev. Stats. sec. 726.)

This section relates only to cases where there has been a trial by jury; in other cases State laws may give additional remedies. (Clark v. Sohier, 1 Wood. & M. 368)

$248 (727). Power to hold to security for the peace and good behavior. The judges of the Supreme Court and of the circuit and district courts, the commissioners of the circuit courts, and the judges and other magistrates of the several states who are or may be authorized by law to make arrest for offenses against the United States, shall have the like authority to hold to security of the peace, and for good behavior in cases arising under the Constitution and laws of the United States, as may be lawfully exercised by any judge or justice of the peace of the respective States in cases cognizable before them. (Rev. Stats. sec. 727.

If probable cause for a prosecution for treason be shown,

accused may be required to give security to keep the peace. (U. S. v. Greiner, 4 Phila. 396.)

§ 249 (728). Power to enforce awards of foreign consuls, etc., in certain cases. -The district and circuit courts, and the commissioners of the circuit courts, shall have power to carry into effect, according to the true intent and meaning thereof, the award or arbitration or decree of any consul, vice-consul, or commercial agent of any foreign nation, made or rendered by virtue of authority conferred on him as such consul, viceconsul, or commercial agent, to sit as judge or arbitrator in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to his charge; application for the exercise of such power being first made to such court or commissioner by petition of such consul, vice-consul, or commercial agent. And said courts and commissioners may issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto by imprisonment in the jail or other place of confinement in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration, or decree is complied with, or the parties are otherwise discharged therefrom, by the consent in writing of such consul, vice-consul, or commercial agent, or his successor in office, or by the authority of the foreign government appointing such consul, viceconsul, or commercial agent; provided, however, that the expenses of the said imprisonment and maintenance of the prisoners, and the cost of the proceed

ings, shall be borne by such foreign government, or by its consul, vice-consul, or commercial agent requiring such imprisonment. The marshals of the United States shall serve all such process, and do all other acts necessary and proper to carry into effect the premises under the authority of the said courts and commissioners. (Rev. Stats. sec. 728.)

§ 250. Proceedings to enjoin comptroller of the currency.—All proceedings by any national banking association to enjoin the comptroller of the currency under the provisions of any law relative to national banking associations shall be had in the district where such association is located. (Rev. Stats. sec. 736.)

§ 251 (739). Suits against inhabitants of United States to be brought where they reside or are found. - Except in the cases provided in the next three sections, no person shall be arrested in one district for trial in another, in any civil action before a circuit or district court; and except in the said cases and the cases provided by the preceding section, 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 of which he is an inhabitant, or in which he is found at the time of serving the writ. (18 U. S. Stats. 470; 1 Sup. Rev. Stats. 173.)

Application of statute.-This section does not apply to territorial courts. (Salisbury v. Sands, 2 Dill. 270.) Its provisions apply to process in equity as well as at law (Winter v. Ludlow, 3 Phila. 464); as on a bill filed to set aside a foreclosure sale. (Pacific R. R. v. M. P. Ry.

Co., 3 Fed. Rep. 772.) It applies exclusively to original process. (Picquet v. Swan, 5 Mason, 35.) The statute of Indiana of May 29, 1879, relating to procedure in actions against foreign corporations, their officers or agents, does not apply to causes arising outside the State. (Grover v. Amer. Express Co., 11 Fed. Rep. 386.) This section applies to suits for relief against interfering patents. (Liggett etc. Co. v. Miller, 1 Fed. Rep. 203.) It inhibits the suing of any person in any other district than the dis trict in which he resides. (Lovejoy v. Hartford Fire Ins. Co., 11 Fed. Rep. 64.) The provisions of this section are applicable to patent suits. (Chaffe v. Hayward, 20 How. 208; Allen v. Blunt, 1 Blatchf. 480; Day v. Newark Manuf. Co., 1 Blatchf. 628.) A bill to obtain relief against a judgment is deemed an auxiliary suit, and the subpoena may be served in another district (Logan v. Patrick, 5 Cranch, 288; Dunlap v. Stetson, 4 Mason, 349); and if plaintiff is non-resident, it may be served on plaintiff's attorney. (Dunn v. Clarke, 8 Peters, 1; Segee v. Thomas, 3 Blatchf. 11; Hitner v. Suckley, 2 Wash. Č. C. 465; Read v. Consequa, 4 Wash. 174; Eckert v. Bauert, 4 Wash. C. C. 370; Ward v. Seabry, 4 Wash. 426. See additional notes, p. 000.)

Territorial limit of jurisdiction. -A court created within and for a particular Territory is bounded in the exercise of its power by the limits of such Territory. (Picquet v. Swan, 5 Mason, 35; Ex parte Graham, 3 Wash. C. C. 456.) Whatever may be the extent of the jurisdiction over the subject-matter in a suit in respect to jurisdiction over persons and property, it can only be exercised within the limits of the judicial district. (Toland v. Sprague, 12 Peters, 300; Picquet v. Swan, 5 Mason, 35.) The circuit court has jurisdiction only over the inhabitants of the district, or persons "found" therein, and served with process. (Pollard v. Dwight, 4 Cranch, 424; Anderson v. Shaffer, 10 Fed. Rep. 266.) Where a citizen of New Hampshire and a citizen of Georgia sued a citizen of Massachusetts in New York, where he was arrested, the court had no jurisdiction. (Moffat v. Soley, 2 Paine, 103.) Where there are two districts in a State, a citizen of such State is liable to suit in either district if served

with process. (McMicken v. Webb, 11 Peters, 25; Vore v. Fowler, 2 Bond, 294; Locomotive Co. v. Erie R. Co., 10 Blatchf. 234.)

Jurisdiction, how acquired.-A Federal court acquires jurisdiction over parties only by a service of process or by their voluntary appearance (Herndon v. Ridgway, 17 How. 424), and only by service of process within the district (Allen v. Blunt, 1 Blatchf. 480; Union Sugar Refi. v. Matthiessen, 2 Cliff. 304), and not then if he is but temporarily within the district. (Smith v. Tuttle, 5 Biss. 159.) A person who comes within the district merely for the purpose of attending a trial in a State court cannot be served with process issuing out of a United States court (Juneau Bank v. McSpedan, 5 Biss. 64); and if served with summons while attending the trial of a cause in the circuit court as a party, the service will be set aside. (Parker v. Hotchkiss, 1 Wall. Jr. 267; contra, Blight v. Fisher, Peters C. C. 41.) Where defendant, not an inhabitant of the district, is inveigled or enticed into the district by false representations or deceptive contrivances, service of process on him within the district is illegal. Steiger v. Bonn, 4 Fed. Rep. 17; Union Sugar Refi. v. Matthiessen, 2 Cliff. 304.) If a non-resident comes into the district for the purpose of pleading to an indictment and giving bail, he caunot be sued before he has a reasonable time to depart. (U. S. v. Bridgman, 8 Am. Law Rec. 541.) If defendant is a non-resident of the district, the record must show with certainty that process was served upon him within the district. (Allen v. Biunt, 1 Blatchf. 480; Vore v. Fowler, 2 Bond, 294; McCloskey v. Cobb, 2 Bond, 16; Thayer v. Wales, 5 Fish. 448.)

Waiver of irregularities.—A Federal court has no authority to issue process to another district. (Herndon v. Ridgway, 17 How. 424.) So the process of a circuit court cannot be served without the district in which it is established except by special authority of law. (Toland v. Sprague, 12 Peters, 300; Ex parte Graham, 3 Wash. C. C. 456; Wilson v. Graham, 4 Wash. C. C. 53.) In proceedings for relief against an interfering patent under section four thousand nine hundred and eighteen, Revised Statutes, no provision is made for service of notice on

FED. PROC.-49.

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