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held that there was jurisdiction. The statute does not forbid one of the original contractors from suing in a Federal court the assignee of the other party, although the citizenship of the plaintiff is the same as that of the assignor.43

§ 25. Jurisdiction of the District Courts of the United States. The jurisdiction of the District Courts of the United States in civil causes extends to suits for penalties and forfeitures incurred under any law of the United States, including the contract labor law; suits at common law brought by the United States or any officer thereof authorized by law to sue, including a receiver of a national banking association appointed by the comptroller; 2 suits in equity to enforce the lien of the United States upon any real estate for any internal revenue tax, or to subject to the payment of any such tax any real estate owned by the delinquent, or in which he has any right, title, or interest; suits for the recovery of any forfeiture or damages. under section 3490 of the Revised Statutes; causes of action arising under the postal laws of the United States; civil causes of admiralty and maritime jurisdiction, and all seizures on land and water not within admiralty and maritime jurisdiction; prizes on land and water; suits brought by the assignees of debentures for drawback of duties to enforce such debentures; all suits under the civil rights laws, including a suit by colored children alleging that, under the State statutes, they were denied the equal protection of the laws by their exclusion from certain public schools; proceedings by quo warranto,

42 Jones v. Shapero (C. C. A.), 57 28 Fed. R. 855; s. c., 30 Fed. R. 142. Fed. R. 457. A District Court may, however, in its 43 Brooks v. Laurent (C. C. A.), 98 discretion refuse to entertain suit by Fed. R. 647. foreign seamen against a foreign ship

§ 25. 1U. S. v. Whitcomb M. B. Co., for wages when the result would be 45 Fed. R. 89.

2 Stephens v. Bernays, 44 Fed. R. 612. An action by the United States in the name of a State upon a sheriff's bond for an escape was allowed in a District Court. Tennessee v. Hill, 60 Fed. R. 1005.

This includes jurisdiction over a suit against a vessel within the jurisdiction to recover for a tort committed upon the high seas, although the vessel, the libelant and the tortfeasor are aliens. The Noddleburn,

a detention of the vessel and the sailors' employment has not terminated. Slocum v. Western Assur. Co., 42 Fed. R. 235. A District Court, however, entertained jurisdiction of a suit by an American citizen, who did not reside within the district, to recover upon a marine policy of insurance executed in a foreign country by a foreign corporation. Ibid. 4 Davenport v. Cloverport, 72 Fed. R. 689.

prosecuted by a district attorney of the United States, for the removal from office of a person disqualified by the Fourteenth Amendment to the Constitution; suits by aliens for torts "only" in violation of the law of nations or of a treaty of the United States; suits against consuls or vice-consuls; and all matters and proceedings in bankruptcy. They have also ju

risdiction over prosecutions for all crimes against the United States not capital committed within their respective districts or upon the high seas, except for depositing fraudulent papers in the archives of the office of the Surveyor General in California, and as limited by special statutes.'

A District Court can, by the defendant's consent, but not otherwise, entertain jurisdiction over a suit brought by trustees in bankruptcy to set aside fraudulent transfers of money or property made by the bankrupt to third parties before the institution of the proceedings in bankruptcy; or suits of replevin to recover personal property similarly fraudulently conveyed. The District Courts also have jurisdiction of suits against the United States to collect claims not exceeding $1,000; for money only, founded upon the Constitution of the United States; or such suits founded upon any law of Congress, except for pensions; or upon any contract, expressed or implied, with the government of the United States, except to recover fees, salary or compensation for official services; and of suits for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the plaintiff would be entitled to redress against the United States in a court of law, equity or admiralty, if the United States were suable, except war claims which, before March 3, 1887, were rejected or reported on adversely by any court, department or commission authorized to hear and determine the same;10 and proceedings to condemn for national public purposes land situated within their respective districts." It has been held that a District Court may punish as a contempt the unlawful ouster of the court, its officers and records from the rooms of a pub

5 U. S. R. S., § 563. See U. S. v. Mooney, 116 U. S. 104.

6 U. S. R. S., § 563; 30 St. at L. 545, 546, 552.

7 U. S. R. S., § 563, 5412.

8 Bardes v. Hawarden Bank, 178 U. S. 524, 539; Hicks v. Knost, 178 U. S. 541.

9 Mitchell v. McClure, 178 U. S. 539. Cf. White v. Schloerb, 178 U. S. 542.

10 24 St. at L. 505; 30 St. at L. 494. See U. S. v. Jones, 131 U. S. 1; infra, $ 36.

11 25 St. at L. 357. See infra, § 381.

lic building where they are located, and as incidental to the contempt proceeding it may issue a stay order against such a removal.12

§ 26. Territorial jurisdiction and terms of the Supreme Court and Circuit Courts of Appeal of the United States.— The Supreme Court has jurisdiction throughout the United States. It holds one term annually at Washington, commencing on the second Monday of October. It may also hold adjourned and special terms. In case of a contagious or epidemic disease, a term may be held at another place.3

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The territorial jurisdiction of the Circuit Courts of Appeals is as follows: The first circuit includes the districts of Rhode Island, Massachusetts, New Hampshire, and Maine. The second circuit includes the districts of Vermont, Connecticut, and New York. The third circuit includes the districts of Pennsylvania, New Jersey, and Delaware. The fourth circuit includes the districts of Maryland, Virginia, West Virginia, North Carolina, and South Carolina. The fifth circuit includes the districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. The sixth circuit includes the districts of Ohio, Michigan, Kentucky, and Tennessee. The seventh circuit includes the districts of Indiana, Illinois, and Wisconsin.10 The eighth circuit includes the districts of Colorado, Arkansas, Iowa, Kansas, Minnesota, Missouri, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Utah, Wyoming." The jurisdiction of the Circuit Court of Appeals for the eighth judicial circuit is also extended to writs of error to, and appeals from, the final decisions of the Appellate Court of the Indian Territory, in the same manner and under the same regulations as appeals are taken from the Circuit Courts of the United States, except in citizenship cases, when appeals are taken immediately to the Supreme Court of the United States.13 The ninth circuit includes the districts of Alaska, Arizona,

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California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.13

The term of the Circuit Court of Appeals for the first circuit is held in the city of Boston on the first Tuesday of October. The term of the Circuit Court of Appeals for the second circuit is held in the city of New York on the last Tuesday of October. The term of the Circuit Court of Appeals for the third circuit is held in Philadelphia on the first Tuesday of March and the third Tuesday of September. The terms of the Circuit Court of Appeals for the fourth circuit are held in Richmond on the first Tuesdays of February, May and November. The term of the Circuit Court of Appeals for the fifth circuit is held in New Orleans on the third Monday of November. The term of the Circuit Court of Appeals for the sixth circuit is held in Cincinnati on the Tuesday after the first Monday of October. The term of the Circuit Court of Appeals for the seventh circuit is held in Chicago on the first Tuesday of October. The terms of the Circuit Court of Appeals for the eighth circuit are held at St. Paul, Minnesota, on the first Monday of May, and at St. Louis, Missouri, on the first Monday of December. The term of the Circuit Court of Appeals for the ninth circuit is held at San Francisco on the first Monday of October. The terms of the United States Circuit Courts of Appeal may be also held at such times and places as the courts may designate.15

§ 26a. Territorial jurisdiction and terms of the Circuit and District Courts of the United States. There is a Circuit Court in each judicial district of the United States.1 A Circuit Court cannot serve process, except in some cases a subpœna, beyond its district.2

It has been said that when one term begins, the preceding term, at least when held in the same place, ends, unless it was the evident intention of the statutes that the two terms should be concurrent in whole or in part. The term does not expire

13 U. S. R. S., § 604; 25 St. at L. 676; 26 St. at L. 830; 139 U. S. 707; 26 St. at L. 217; St. 1900, 158.

14 26 St. at L. 826; Amended Rules of C. C. A., 90 Fed. R. lii-lxi, lxxiii, lxxix, lxxxix, lxxxxviii, cxi, cxxiii, cxxxiv; 91 Fed. R. iii.

15 26 St. at L. 826.

§ 26a. U. S. R. S., § 608; 18 St. at L. 195; 25 St. at L. 655; 25 St. at L., ch. 180, p. 682.

2 Toland v. Sprague, 12 Pet. 300, 328. 3 Ex parte Friday, 43 Fed. R. 916, 918. It has been held that the term of a Circuit Court does not necessarily end at the opening of a term

until the limit set by law for its continuance, unless, perhaps, when it has been formally adjourned without a day.

There is a District Court in each judicial district of the United States.

The judicial districts and the terms of the Circuit and District Courts held therein are as follows:

In Alabama, three districts, the Southern, Middle, and Northern. The Southern District of Alabama includes the counties of Mobile, Washington, Baldwin, Clarke, Marengo, Wilcox, Monroe, Choctaw, Escambia, and Conecuh. The terms for this district of both the Circuit and District Courts are held at the city of Mobile on the fourth Monday of November and the first Monday in May. A Circuit and a District Court for the Middle District of Alabama are held at the city of Montgomery. This includes the counties of Montgomery, Autauga, Coosa, Tallapoosa, Chambers, Randolph, Macon, Russell, Barbour, Pike, Henry, Dale, Coffee, Covington, Lowndes, Dallas, Perry, Butler, Bullock, Chilton, Crenshaw, Elmore, Geneva, and Lee. The terms of the Circuit and District Courts for this district are held at the city of Montgomery on the first Mondays of May and November. There is a Circuit and a District Court for the Northern District, which includes the remainder of the State. This district is divided into two divisions. The Southern Division of the Northern District contains the counties of Sumter, Greene, Hale, Pickens, Tuscaloosa, Lamar, Fayette, Walker, Jefferson, Blount, Bibb, Shelby, Saint Clair, Etowah, Calhoun, Cleburne, Clay, Talladega, Cherokee, and De Kalb, in which the court is held at Birmingham. In this division of the Northern District, terms of both Circuit and District Courts are held at the city of Birmingham on the first Mondays of March and September. The Northern Division of the Northern District includes the remaining counties in it, and both the Circuit and District Courts are held in this division at the city of Huntsville on the first Monday of April and the second Monday of October."

held at another place in the same district (East Tennessee Iron & Coal Co. v. Wiggin (C. C. A.), 68 Fed. R. 446); and that a term of a Circuit Court may be adjourned to a distant day and its sessions then resumed as a part of the same term, although another ter n has been held at another

place during the adjourned term. State of Florida v. Charlotte Harbor Phosphate Co. (C. C. A.), 70 Fed. R. 883.

4 Schofield v. Horse Springs Cattle Co., 65 Fed. R. 433.

5 U. S. R. S., §§ 532, 608; 18 St. at L. 195; 23 St. at L. 18; 26 St. at L. 180.

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