CHAPTER XI

PROVISIONS COMMON TO MORE THAN ONE COURT.

§ 256. Cases in which jurisdiction of United States courts shall be exclusive of States courts.

$257. Oath of United States judges.

$258. Judges prohibited from practicing law.

§ 259. Traveling expenses, etc., of circuit justices and circuit and district judges.

260. Salary of judges after resignation.

261. Writs of ne exeat.

262. Power to issue writs.

§ 263. Temporary restraining orders.

§ 264. Injunctions-In what cases judge may grant.

§ 265. Injunctions to stay proceedings in State courts.

§ 266. Injunctions based upon alleged unconstitutionality of State statutesWhen and by whom may be granted.

§ 267. When suits in equity may be maintained.

§ 268. Power to administer oaths and punish contempts.

$269. New trials.

§ 270. Power to hold to security for the peace and good behavior.

271. Power to enforce awards of foreign consuls, etc., in certain cases.

§ 272. Parties may manage their causes personally or by counsel.

§ 273. Certain officers forbidden to act as attorneys.

§ 274. Penalty for violating preceding section.

§ 274a. Amendment of suit brought on wrong side of court.

§ 274b. Equitable defenses interposed in actions at law.

§ 274c. Amendment where diverse citizenship is defectively alleged.

§ 256. The jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several states:

First. Of all crimes and offenses cognizable under the authority of the United States.

Second. Of all suits for penalties and forfeitures incurred under the laws of the United States.

Third. Of all civil causes of admiralty and maritime

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jurisdiction; saving to suitors, in all cases, the right of a common-law remedy, where the common law is competent to give it.

Fourth. Of all seizures under the laws of the United States, on land or on waters not within admiralty and maritime jurisdiction; of all prizes brought into the United States; and of all proceedings for the condemnation of property taken as prize.

Fifth. Of all cases arising under the patent-right, or copyright laws of the United States.

Sixth. Of all matters and proceedings in bankruptcy. Seventh. Of all controversies of a civil nature, where a state is a party, except between a state and its citizens, or between a state and citizens of other states, or aliens. Eighth. Of all suits and proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, or against consuls or vice-consuls. See R. S. § 711, 4 Fed. St. Ann. 493.

§ 257. The justices of the supreme court, the circuit judges, and the district judges, hereafter appointed, shall take the following oath before they proceed to perform the duties of their respective offices: "I,

do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States: So help me God."

R. S. § 712, 4 Fed. St. Ann. 497.

§ 258. It shall not be lawful for any judge appointed under the authority of the United States to exercise the profession or employment of counsel or attorney, or to be engaged in the practice of the law. Any person

offending against the prohibition of this section shall be deemed guilty of a high misdemeanor.

R. S. § 713, 4 Fed. St. Ann. 497.

§ 259. The circuit justices, the circuit and district judges of the United States, and the judges of the district courts of the United States in Alaska, Hawaii and Porto Rico, shall each be allowed and paid his necessary expenses of travel, and his reasonable expenses (not to exceed ten dollars per day) actually incurred for maintenance, consequent upon his attending court or transacting other official business in pursuance of law at any place other than his official place of residence, said expenses to be paid by the marshal of the district in which such court is held or official business transacted, upon the written certificate of the justice or judge. The official place of residence of each justice and of each circuit judge while assigned to the commerce court shall be at Washington; and the official place of residence of each circuit and district judge, and of each judge of the district courts of the United States in Alaska, Hawaii, and Porto Rico, shall be at that place nearest his actual residence at which either a circuit court of appeals or a district court is regularly held. Every such judge shall, upon his ap pointment, and from time to time thereafter whenever he may change his official residence, in writing notify the Department of Justice of his official place of residence.

§ 260. When any judge of any court of the United States appointed to hold his office during good behavior resigns his office, after having held a commission or commissions as judge of any such court or courts at least ten years continuously, and having attained the age of seventy years, he shall, during the residue of his natural life, receive the salary which is payable at the time of his retirement for the office that he held at the time of his resignation.

See R. S. § 714, 4 Fed. St. Ann. 498.

§ 261. Writs of ne exeat may be granted by any justice of the supreme court, in cases where they might be granted by the supreme court; and by any district judge, in cases where they might be granted by the district court of which he is a judge. But no writ of ne exeat shall be granted unless a suit in equity is commenced, and satisfactory proof is made to the court or judge granting the same that the defendant designs quickly to depart from the United States.

R. S. 717, 5 Fed. St. Ann. 353.

§ 262. The supreme court and the district courts shall have power to issue writs of scire facias. The supreme court, the circuit courts of appeals, and the district courts shall have power to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law.

See R. S. § 716, 4 Fed. St. Ann. 498.

§ 263. Whenever notice is given of a motion for an injunction out of a district court, the court or judge thereof may, if there appears to be danger of irreparable injury from delay, grant an order restraining the act sought to be enjoined until the decision upon the motion; and such order may be granted with or without security, in the discretion of the court or judge.

See R. S. § 718, 4 Fed. St. Ann. 506.

This section was repealed by Act of Oct. 15, 1914, Sec. 17 (38 Stat. L. 737, Supp. (1916) Fed. St. Ann. 279).

§ 264. Writs of injunction may be granted by any justice of the supreme court in cases where they might be granted by the supreme court; and by any judge of a district court in cases where they might be granted by such court. But no justice of the supreme court shall hear or allow any application for an injunction or restraining order in any cause pending in the circuit to

which he is allotted, elsewhere than within such circuit, or at such place outside of the same as the parties may stipulate in writing, except when it can not be heard by the district judge of the district. In case of the absence from the district of the district judge, or of his disability, any circuit judge of the circuit in which the district is situated may grant an injunction or restraining order in any case pending in the district court, where the same might be granted by the district judge.

See R. S. § 719, 4 Fed. St. Ann. 508.

§ 265. The writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.

R. S. § 720, 4 Fed. St. Ann. 509.

§ 266. No interlocutory injunction suspending or restraining the enforcement, operation, or execution of any statute of a state by restraining the action of any officer of such state in the enforcement or execution of such statute, or in the enforcement or execution of an order made by an administrative board or commission acting under and pursuant to the statutes of such state, shall be issued or granted by any justice of the supreme court, or by any district court of the United States, or by any judge thereof, or by any circuit judge acting as district judge, upon the ground of the unconstitutionality of such statute, unless the application for the same shall be presented to a justice of the Supreme Court of the United States, or to a circuit or district judge, and shall be heard and determined by three judges, of whom at least one shall be a justice of the supreme court, or a circuit judge, and the other two may be either circuit or district judges, and unless a majority of said three judges shall concur in granting such application. Whenever such application