§ 1038. (Jud. Code, § 56.) When property lies in different States in same circuit; jurisdiction of receiver.

Where in any suit in which a receiver shall be appointed the land or other property of a fixed character, the subject of the suit, lies within different States in the same judicial circuit, the receiver so appointed shall, upon giving bond as required by the court, immediately be vested with full jurisdiction and control over all the property, the subject of the suit, lying or being within such circuit; subject, however, to the disapproval of such order, within thirty days thereafter, by the circuit court of appeals for such circuit, or by a circuit judge thereof, after reasonable notice to adverse parties and an opportunity to be heard upon the motion for such disapproval; and subject, also, to the filing and entering in the district court for each district of the circuit in which any portion of the property may lie or be, within ten days thereafter, of a duly certified copy of the bill and of the order of appointment. The disapproval of such appointment within such thirty days, or the failure to file such certified copy of the bill and order of appointment within ten days, as herein required, shall divest such receiver of jurisdiction over all such property except that portion thereof lying or being within the State in which the suit is brought. In any case coming within the provisions of this section, in which a receiver shall be appointed, process may issue and be executed within any district of the circuit in the same manner and to the same extent as if the property were wholly within the same district; but orders affecting such property shall be entered of record in each district in which the property affected may lie or be.

Act March 3, 1911, c. 231, § 56, 36 Stat. 1102.

§ 1039. (Jud. Code, § 57.) Absent defendants in suits to enforce liens, remove clouds on titles, etc.

When in any suit commenced in any district court of the United States to enforce any legal or equitable lien upon or claim to, or to remove any incumbrance or lien or cloud upon the title to real or personal property within the district where such suit is brought, one or more of the defendants therein shall not be an inhabitant of or found within the said district, or shall not voluntarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant or defendants to appear, plead, answer, or demur by a day certain to be designated, which order shall be served on such absent defendant or defendants, if practicable, wherever found, and also upon the person or persons in possession or charge of said property, if any there be; or where such personal service upon such absent defendant or defendants is not practicable, such order shall be published in such manner as the court may direct, not less than once a week for six consecutive weeks. In case such absent defendant shall not appear, plead, answer, or demur within the time so limited, or within some further time, to be allowed by the court, in its discretion, and upon proof of the service or publication of said order and of the performance of the directions contained in the same, it shall be lawful for the court to entertain jurisdiction, and proceed to the hearing and ad

judication of such suit in the same manner as if such absent defendant had been served with process within the said district; but said adjudication shall, as regards said absent defendant or defendants without appearance, affect only the property which shall have been the subject of the suit and under the jurisdiction of the court therein, within such district; and when a part of the said real or personal property against which such proceedings shall be taken shall be within another district, but within the same State, such suit may be brought in either district in said State: Provided, however, That any defendant or defendants not actually personally notified as above provided may, at any time within one year after final judgment in any suit mentioned in this section, enter his appearance in said suit in said district. court, and thereupon the said court shall make an order setting aside the judgment therein and permitting said defendant or defendants to plead therein on payment by him or them of such costs as the court shall deem just; and thereupon said suit shall be proceeded with to final judgment according to law.

R. S. §§ 738, 742. Act March 3, 1875, c. 137, § 8, 18 Stat. 472. Act March 3, 1911, c. 231, § 57, 36 Stat. 1102.

§ 1040. (Jud. Code, § 58.) Civil causes may be transferred to another division of district by agreement.

Any civil cause, at law or in equity, may, on written stipulation of the parties or of their attorneys of record signed and filed. with the papers in the case, in vacation or in term, and on the written order of the judge signed and filed in the case in vacation or on the order of the court duly entered of record in term, be transferred to the court of any other division of the same district, without regard to the residence of the defendants, for trial. When a cause shall be ordered to be transferred to a court in any other division, it shall be the duty of the clerk of the court from which the transfer is made to carefully transmit to the clerk of the court to which the transfer is made the entire file of papers in the cause and all documents and deposits in his court pertaining thereto, together with a certified. transcript of the records of all orders, interlocutory decrees, or other entries in the cause; and he shall certify, under the seal of the court, that the papers sent are all which are on file in said court belonging to the cause; for the performance of which duties said clerk so transmitting and certifying shall receive the same fees as are now allowed by law for similar services, to be taxed in the bill of costs, and regularly collected with the other costs in the cause; and such transcript, when so certified and received, shall henceforth constitute a part of the record of the cause in the court to which the transfer shall be made. The clerk receiving such transcript and original papers shall file the same and the case shall then proceed to final disposition as other cases of a like nature.

Act Feb. 28, 1887, c. 271, § 4. 24 Stat. 425. Act June 2, 1906, c. 2569, § 1, 34 Stat. 206. Act March 3, 1911, c. 231, § 58, 36 Stat. 1103.

§ 1041. (Jud. Code, § 59.) Upon creation of new district or division, where prosecution to be instituted or action brought. Whenever any new district or division has been or shall be

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established, or any county or territory has been or shall be transferred from one district or division to another district or division, prosecutions for crimes and offenses committed within such district, division, county, or territory prior to such transfer, shall be commenced and proceeded with the same as if such new district or division had not been created, or such county or territory had not been transferred, unless the court, upon the application of the defendant. shall order the cause to be removed to the new district or division for trial. Civil actions pending at the time of the creation of any such district or division, or the transfer of any such county or territory, and arising within the district or division so created or the county or territory so transferred, shall be tried in the district or division as it existed at the time of the institution of the action, or in the district or division so created, or to which the county or territory is or shall be so transferred, as may be agreed upon by the parties, or as the court shall direct. The transfer of such prosecutions and actions shall be made in the manner provided in the section last preceding. Act March 3, 1911, c. 231, § 59, 36 Stat. 1103.

Act Aug. 5, 1886, c. 928, § 7, 24 Stat. 309. Act March 2, 1901, c. 801, § 7, 31 Stat. 881. Act March 3, 1911, c. 231, § 60, 36 Stat. 1103.

§ 1042. (Jud. Code, § 60.) Creation of new district, or transfer of territory not to divest lien; how lien to be enforced. The creation of a new district or division, or the transfer of any county or territory from one district or division to another district or division, shall not affect or divest any lien theretofore acquired in the circuit or district court by virtue of a decree, judgment, execution, attachment, seizure, or otherwise, upon property situated or being within the district or division so created, or the county or territory so transferred. To enforce any such lien, the clerk of the court in which the same is acquired, upon the request and at the cost of the party desiring the same, shall make a true and certified copy of the record thereof, which, when so made and certified, and filed in the proper court of the district or division in which such property is situated or shall be, after such transfer, shall constitute the record of such lien in such court, and shall be evidence in all courts and places equally with the original thereof; and thereafter like proceedings shall be had thereon, and with the same effect, as though the cause or proceeding had been originally instituted in such court. The provisions of this section shall apply not only in all cases where a district or division is created, or a county or any territory is transferred by this or any future Act, but also in all cases where a district or division has been created, or a county or any territory has been transferred by any law heretofore enacted.

Act March 3, 1911, c. 231, § 60, 36 Stat. 1103.

§ 1043. (Jud. Code, § 61.) Commissioners to administer oaths to appraisers.

Any district judge may appoint commissioners, before whom appraisers of vessels or goods and merchandise seized for breaches of any law of the United States, may be sworn; and such oaths,

so taken, shall be as effectual as if taken before the judge in open

court.

R. S. § 570. Act March 3, 1911, c. 231, § 61, 36 Stat. 1104.

§ 1044. (Jud. Code, § 62.) Transfer of records to district court when a Territory becomes a State.

When any Territory is admitted as a State, and a district court is established therein, all the records of the proceedings in the several cases pending in the highest court of said Territory at the time of such admission, and all records of the proceedings in the several cases in which judgments or decrees had been rendered in said territorial court before that time, and from which writs of error could have been sued out or appeals could have been taken, or from which writs of error had been sued out or appeals had been taken and prosecuted to the Supreme Court or to the circuit court of appeals, shall be transferred to and deposited in the district court for the said State. R. S. § 567. Act March 3, 1911, c. 231, § 62, 36 Stat. 1104.

§ 1045. (Jud. Code, § 63.) District judge shall demand and compel delivery of records of territorial court.

It shall be the duty of the district judge, in the case provided in the preceding section, to demand of the clerk, or other person having possession or custody of the records therein mentioned, the delivery thereof, to be deposited in said district court; and in case of the refusal of such clerk or person to comply with such demand, the said district judge shall compel the delivery of such records by attachment or otherwise, according to law.

R. S. § 568. Act March 3, 1911, c. 231, § 63, 36 Stat. 1104.

§ 1046. (Jud. Code, § 64.) Jurisdiction of district courts in cases transferred from territorial courts.

When any Territory is admitted as a State, and a district court is established therein, the said district court shall take cognizance of all cases which were pending and undetermined in the trial courts of such Territory, from the judgments or decrees to be rendered in which writs of error could have been sued out or appeals taken to the Supreme Court or to the circuit court of appeals, and shall proceed to hear and determine the same.

R. S. § 569. Act March 3, 1911, c. 231, § 64, 36 Stat. 1104 § 1047. (Jud. Code, § 65.) ing to State laws. Whenever in any cause pending in any court of the United States there shall be a receiver or manager in possession of any property, such receiver or manager shall manage and operate such property according to the requirements of the valid laws of the State in which such property shall be situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof. Any receiver or manager who shall willfully violate any provision of this section shall be fined not more than three thousand dollars, or imprisoned not more than one year, or both.

Receivers to manage property accord

Act March 3, 1887, c. 373, § 2, 24 Stat. 554. Act Aug. 13, 1888, c. 866, § 3, 25 Stat. 436. Act March 3, 1911, c. 231, § 65, 36 Stat. 1104.

§ 1048. (Jud. Code, § 66.) Suits against receiver.

Every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed; but such suit shall be subject to the general equity jurisdiction of the court in which such manager or receiver was appointed so far as the same may be necessary to the ends of justice.

Act March 3, 1887, c. 373, § 3, 24 Stat. 554. Act Aug. 13, 1888, c. 866, § 3, 25 Stat. 436. Act March 3, 1911, c. 231, § 66, 36 Stat. 1104.

§ 1049. (Jud. Code, § 67, as amended, Act Dec. 21, 1911, c. 4.) Certain persons not to be appointed or employed as officers of courts.

No person shall be appointed to or employed in any office or duty in any court who is related by affinity or consanguinity within the degree of first cousin to the judge of such court: Provided, That no such person at present holding a position or employment in a circuit court shall be debarred from similar appointment or ployment in the district court succeeding to such circuit court jurisdiction.

Act March 3, 1887, c. 373, § 7, 24 Stat. 555. Act Aug. 13, 1888, c. 866, § 7, 25 Stat. 437. Act March 3, 1911, c. 231, § 67, 36 Stat. 1105. Act Dec. 21, 1911, c. 4, 37 Stat. 46.

This section, as enacted in the Judicial Code, contained only the provision preceding the proviso set forth here. Said proviso was added by Act Dec. 21, 1911, c. 4, cited above.

§ 1050. (Jud. Code, § 68.)

receivers.

Certain persons not to be masters or

No clerk of a district court of the United States or his deputy shall be appointed a receiver or master in any case, except where the judge of said court shall determine that special reasons exist therefor, to be assigned in the order of appointment.

Act March 3, 1879, c. 183, 20 Stat. 415. Act March 3, 1911, c. 231, § 68, 36 Stat. 1105.

Provisions against the appointment of certain other officers receivers in any case were made by Act May 28, 1896, c. 252, § 20, post, § 1334.