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and decision, which shall be entered of record in the PatentOffice, and shall govern the further proceedings in the case. But no opinion or decision of the court in any such case shall preclude any person interested from the right to contest the validity of such patent in any court wherein the same may be called in question. ''8 The statute authorizing such appeals is constitutional. It does not repeal10 the prior statutes authorizing subsequent bill in equity to compel the issue of patents11 and for relief against interfering patents, 12 which are discussed in a subsequent section of this work.13 Upon appeals to the Court of Appeals. from the District of Columbia in interference cases, the question in issue is merely the priority between the two inventors, and whether either of them was the original inventor is not to be determined.14

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$ 70. Jurisdiction of District Court of Porto Rico. The District Court of the United States for Porto Rico has the ordijurisdiction of the District Courts of the United States. It has jurisdiction over all controversies where the parties, or either of them, are citizens of the United States, or citizens or subjects of a foreign State or States; wherein the matter in disput e exceeds, exclusive of interest or costs, the sum or value of $1,000.1 This includes a suit between two subjects of a foreign. government. Unless a Federal question is involved it has no jurisdiction over controversies in which any litigant on either side not a citizen of the United States or a subject of a foreign country, such as a suit where the sole plaintiff is a of Porto Rico, and one or more of the defendants are citizens of the United States or aliens.3 The laws of the United States relating to appeals, writs of error and certiorari apply to the Supreme Courts of the Territories and

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those relating to the removal of causes and other matters and
proceedings as between the courts of the United States and the
courts of the several States, govern in such matters and persons,
as between the District Court of the United States and the courts
of Porto Rico. The Supreme and District courts of Porto Rico,
and the judges thereof, may grant writs of habeas corpus, in all
cases in which the same can be made by the judges of the District
Courts of the United States.5 The District Court of the United
States for Porto Rico is not a constitutional court of the United
States. Its authority emanates wholly from Congress, under
the sanction of its power to govern territory occupying the rela-
tion that exists between Porto Rico and the United States.7
When Congress has not legislated upon the subject, the local law
of Porto Rico remains in force.8 The statute laws of the United
States not locally inapplicable have the same force and effect in
Porto Rico as in the United States, except the revenue laws. It
is subject to the provisions of the Revised Statutes10 providing
for the surrender of fugitive criminals by Governors of Terri-
tories.11 The Employers' Liability Act12 and the Safety Appli-
ance Acts, 18
are there in force. The sections of the Revised
Statutes regulating bills of exceptions apply to the District Court
of the United States for Porto Rico.14 It is undetermined
whether the provisions of the Code of Civil Procedure of Porto
Rico upon that subject apply to that court.15 All pleadings and
proceedings in this court must be conducted in the English
language.16 The court has jurisdiction of a suit by members of
a firm located in Porto Rico against subjects of Spain although

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the citizenship of the members of the firm does not appear.17 In a suit brought by a citizen of the island against a foreign Subject the jurisdiction is not ousted because on the application. of the Attorney General, Porto Rico is substituted for the defendant.18 The court has power to enjoin a railway company from violating the statute regulating rates.19 The court has no probate jurisdiction.20 It cannot in a suit to cancel a mortgage and foreclosure proceedings declare the plaintiffs the only heirs at law of the mortgagor.21 The court has no jurisdiction in a suit against the Government of Porto Rico22 without its consent 23 except perhaps in a suit affecting property which is an escheat.24 The court has power to allow the Government of Rico to intervene in a pending suit in a proper case.25 70a. Jurisdiction of District Court of the Canal Zone. "There shall be in the Canal Zone one district court with two divisions, one including Balboa and the other including Cristobal; one district judge of the said district, who shall hold his court in both divisions at such time as he may designate by order, atleast once a month in each division. The rules of practice in such district court shall be prescribed or amended by order of the President. The said district court shall have original jurisdiction of all felony cases, of offenses arising under section ten of this Act, all causes in equity; admiralty and all cases at law involving principal sums exceeding three hundred dollars and all appeals from judgments rendered in magistrates' courts. The jurisdiction in admiralty herein conferred upon the district judge and the district court shall be the same that is exercised by the United States district judges and the United States discourts, and the procedure and practice shall also be the The district court or the judge thereof shall also have jurisdiction of all other matters and proceedings not herein

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provided for which are now within the jurisdiction of the Supreme Court of the Canal Zone, of the Circuit Court of the Canal Zone, the District Court of the Canal Zone, or the judges thereof. Said judge shall provide for the selection, summoning, serving, and compensation of jurors from among the citizens. of the United States, to be subject to jury duty in either division of such district, and a jury shall be had in any criminal case or civil case at law originating in said court on the demand of either party. There shall be a district attorney and a marshal for said district. It shall be the duty of the district attorney to conduct all business, civil and criminal, for the Government, and to advise the governor of the Panama Canal on all legal questions touching the operation of the canal and the administration of civil affairs. It shall be the duty of the marshal to execute all process of the court, preserve order therein, and do all things incident to the office of marshal. The district judge, the district attorney, and the marshal shall be appointed by the President, by and with the advice and consent of the Senate, for terms of four years each, and until their successors are appointed and qualified, and during their terms of office shall reside within the Canal Zone, and shall hold no other office nor serve on any official board or commission nor receive any emoluments except their salaries. The district judge shall receive the same salary paid the district judges of the United States, and shall appoint the clerk of said court, and may appoint one assistant when necessary, who shall receive salaries to be fixed by the President. The district judge shall be entitled to six weeks' leave of absence each year with pay. During his absence or during any period of disability or disqualification from sickness or otherwise to discharge his duties the same shall be temporarily performed by any circuit or district judge of the United States who may be designated by the President, and who, during such service, shall receive the additional mileage and per diem allowed by law to district judges of the United States when holding court away from their homes. The district attorney and the marshal shall be paid each a salary of five thousand dollars per annum.

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"The President is authorized to determine or cause to be determined what towns shall exist in the Canal Zone and subdi

$ 70a. 137 St. at L. 565. Comp. St., $10044.

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vide and from time to time resubdivide said Canal Zone into subdivisions, to be designated by name or number, so that there shall be situated one town in each subdivision, and the boundaries of each subdivision shall be clearly defined. In each town there shall be a magistrate's court with exclusive original jurisdietion coextensive with the subdivision in which it is situated of all civil cases in which the principal sum claimed does not exceed three hundred dollars, and all criminal cases wherein the punishment that may be imposed shall not exceed a fine of one hucl red dollars, or imprisonment not exceeding thirty days, or both, and all violations of police regulations and ordinances and all actions involving possession or title to personal property or the forcible entry and detainer of real estate. Such magistrates sha 11 also hold preliminary investigations in charges of felony offenses under section ten of this Act, and commit or bail in bailable cases to the district court. A sufficient number of magistrates and constables, who must be citizens of the United States, to conduct the business of such courts, shall be appointed by the governor of the Panama Canal for terms of four years and until their successors are appointed and qualified, and the compensation of such persons shall be fixed by the President, or by his authority, until such time as Congress may by law regulate the same. The rules governing said courts and preseribing the duties of said magistrates and constables, oaths and bon cts, the times and places of holding such courts, the disposibonds, of fines, costs, forfeitures, enforcements of judgments, providing for appeals therefrom to the district court, and the disposition, treatment, and pardon of convicts shall be established by order of the President. The governor of the Panama Canal appoint all notaries public, prescribe their powers and their official seal, and the fees to be charged and colby them."2

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court has jurisdiction of all criminal offenses of trespass, or destruction of fortifications or harbor defenses comwithin the Canal Zone or within any defensive sea areas the President is authorized to establish for purposes of national defense.3

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