State statutes. Equity jurisdiction of the courts United States is subject to neither limitation nor re by State legislation, and is uniform throughout the of the Union.5 The United States courts are bo administer equitable remedies in cases to which are applicable and which are not adapted to a con law action. Bills quia timet belong to the ancient diction in equity; and the jurisdiction of Federal in such cases cannot be curtailed by State legis giving a remedy at law."

1 Union Trust Co. v. Rochester & P. R. Co., 29 Fed. Rep. C09 v. Lake Shore & M. S. R. Co., 120 U. S. 130; Barron v. Burnside, S. 186; McConihay v. Wright, Id. 201; Borer v. Chapman, 119 U May v. Saginaw Co., 42 Fed. Rep. 620; Hoover v. Crawford Co., a Rep. 712.

2 Beckman v. Hudson Riv. etc. Co., 35 Fed. Rep. 9.

3 Clark v. Bever, 139 U. S. 96; Hess v. Reynolds, 113 U. S., 73, 77 4 Clark v. Bever, 139 U. S. 96; Payne v. Hook, 74 U. S. 425; Miss Boom Co. v. Patterson, 98 U. S. 403; Ellis v. Davis, 109 U. S. 485; ware Co. Comrs. v. Diebold etc. Co., 133 U. S. 473; Upsher Co. v. 135 U. S. 467; Borer v. Chapman, 119 U. S. 587.

5 Kirby v. Lake Shore & M. S. R. Co. 120 U. S. 130.

6 Ridings v. Johnson, 128 U. S. 212.

7 McConihay v. Wright, 121 U. S. 201.

§ 3 d. Jurisdiction generally.-Jurisdiction the power to hear and determine the subject-matte controversy between parties to a suit. A sentence court, pronounced against a party without hearing hir giving him an opportunity to be heard, is not a judi determination of his rights, and is not entitled to resp in any other tribunal,2 as jurisdiction can never depend the decision, but upon the merits of a case; upon the ri to hear and determine at all. In a court of general ju diction, the presumption is in favor of its authority to in a given case when nothing appears to the contrary and when jurisdiction of the subject-matter appears, ju diction of the persons within its territorial limits will presumed.5

1 Rhode Island v. Massachusetts, 12 Peters, 657; United States v. redondo, 6 Peters, 691.

2 Windsor v. McVeigh, 93 U. S. 274.

3 Ex parte Watkins, 7 Peters, 568.

4 Rhode Island v. Massachusetts, 12 Peters, 657

5 Galpin v. Page, 18 Wall. 350.

4

§ 3 e. Limitation of jurisdiction.-Courts created by statute can have no jurisdiction but such as the statute confers.1 In such case the requirements of the statute must be strictly complied with, or the jurisdiction does not vest.2 A court is limited in its powers by the statute, under which alone it can act.3 Where the jurisdiction of a court has been enlarged, judgments or decrees founded upon the new jurisdiction are liable to the general provisions in respect to writs of error and appeals. After the repeal of an act conferring jurisdiction, the appellate court has no longer jurisdiction of the appeal. Where a jurisdiction conferred by statute is prohibited by a subsequent statute, the prohibition is so far a repeal of the statute conferring the jurisdiction. But the act of Congress repealing the exclusion of State courts as to actions against consuls does not lessen the jurisdiction of Federal courts over such actions.7

1 Sheldon v. Sill, 8 How. 441.

2 Thatcher v. Powell, 6 Wheat. 119; Shelby v. Bacon, 10 How. 56.

3 East Tenn. etc. R. R. Co. v. South Tel. Co., 112 U. S. 306.

4 Ex parte Zellner, 9 Wall. 241.

5 Ex parte McCardle, 7 Wall. 506; Merchants' Ins. Co. v. Ritchie, 5 Wall. 541.

6 Merchants' Ins. Co. v. Ritchie, 5 Wall. 541.

7 Froment v. Duclos, 30 Fed. Rep. 385.

§ 3 f. 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.1 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.2 The circuit court has jurisdiction only over the inhabitants of the district, or persons found therein, and served with process.3 So, 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; but where there are two districts in a State, a citizen of such State is liable to suit in either district, if served with process.

1 Picquet v. Swan, 5 Mason, 35; Ex parte Graham, 3 Wash. C. C. 456. 2 Toland v. Sprague, 12 Peters, 300; Picquet v. Swan, 5 Mason, 35. 3 Pollard v. Dwight, 4 Cranch, 424; Anderson v. Shaffer, 10 Fed. Rep. 266.

5 McMicken v. Webb, 11 Peters, 25; Vore v. Fowler, 2 Bond comotive Co. v. Erie R'y Co., 10 Blatchf. 292.

§ 4. Exclusive jurisdiction of c of United States.-The jurisdiction vest the courts of the United States, in the cas proceedings hereinafter mentioned, shall b clusive of the courts of the several States.

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

Second. Of all suits for penalties and forfe incurred under the laws of the United States Third. Of all civil causes of admiralty and itime jurisdiction; saving to suitors, in all the right of a common-law remedy, where the mon law is competent to give it.

Fourth. Of all seizures under the laws o United States, on land or on waters not w admiralty and maritime jurisdiction.

Fifth. Of all cases arising under the patentor copyright laws of the United States.

Sixth. Of all matters and proceedings in b ruptcy.

Seventh. Of all controversies of a civil na where a State is a party, except between a S and its citizens, or between a State and citizen other States, or aliens. (U. S. Rev. Stats. sec.

§ 4 a. Criminal jurisdiction. The courts of United States have no common-law jurisdiction in c nal cases.1

1 United States v. Lewis (Or.), 36 Fed. Rep. 449; In re Barry, 42 Rep. 113.

over the great lakes and their connecting waters. (26 U. S. Stats. 424.)

§ 4 c. Admiralty jurisdiction. Congress may pass all laws which are necessary for giving the most complete effect to the exercise of the admiralty and maritime jurisdiction granted to the government of the Union. But the general jurisdiction over the places subject to this grant of admiralty jurisdiction adheres to the territory as a portion of sovereignty not yet given away, and the residuary powers of legislation still remain in the State. The jurisdiction of a State is coextensive with its territory.1

1 United States v. Bevans, 3 Wheat. 336.

§ 5. Suits for punishment of officers and owners of vessels for negligence.— Of all suits and proceedings arising under section fifty-three hundred and forty-four, title "Crimes," for the punishment of officers and owners of vessels, through whose negligence or misconduct the life of any person is destroyed. (Rev. Stats. sec. 629, cl. 19.)

§ 6. For condemnation of prize.—Of all proceedings for the condemnation of property taken as a prize, in pursuance of section fifty-three hundred and eight, title "Insurrection.” (See secs. 5308, 5309, Rev. Stats. sec. 629 ch. 6; Union Ins. Co. v. U. S. 6 Wall. 759.)

§ 7.

For suppression of slave trade.— Of all suits arising under any law relating to the slave trade. (Rev. Stats. sec. 629, ch. 7; U. S. v. La Vengeance, 3 Dall. 297; U. S. v. The Sally, 2 Cranch, 406; U. S. v. The Betsy and Charlotte, 4 Cranch. 443, The Sarah, 8 Wheat. 391.)

DESTY REMOVALS.-2.

§ 8. Suits under the patent or right laws. Of all suits at law or in arising under the patent or copyright laws United States. (Rev. Stats. sec. 629, cl. 9.)

NOTE.-Of qui tam actions for penalties imposed vised Statutes, section 4963, under the copyright act, by section 563 the district courts have jurisdiction of a for penalties and forfeitures incurred under the laws United States. (Rev. Stats., sec. 4963; Taft v. Stever E. Co., 37 Fed. Rep. 729; see Allen v. Blunt, 1 B 480; Goodyear v. Day, 1 Blatchf. 565; Goodyear v. Rub. Co., 4 Blatchf. 63; Burr v. Gregory, 2 Pain Brooks v. Stolly, 3 McLean, 523; Pulte v. Derby, Lean, 328; Black v. Allen, 9 L. R. A. 433.)

§ 8 a. Suits under copyright and tradelaws. A court of equity has jurisdiction over a su an infringement of a copyright, and of an action f infringement of a trade-mark, without regard t amount in controversy or the citizenship of the pa Both the title and the infringement may be adjud without having been first determined by law; but no jurisdiction in equity to protect the rights of an a at common law, where the parties are citizens o same State; nor if the controversy arises out of a tract, and not under the statute; nor to enforce alties and forfeitures incurred under the statute." a State court has jurisdiction of an action to deter the rights of the respective parties under an agreeme defendant with plaintiff, for the exclusive right to and perform a certain play. The circuit court of United States has jurisdiction of a qui tam action for alties imposed by the Revised Statutes, section though by section 563 the district courts have jurisdi of all suits for penalties and forfeitures incurred unde laws of the United States.8

1 Pierpont v. Fowle, 2 Wood. & M. 23.

2 Duwell v. Bohmer, 10 Ch. L. N. 356.

3 Farmer v. Calvert Pub. Co., 5 Ch. L. N. 1.

4 Boucicault v. Hart, 13 Blatchf. 47.

5 Little v. Hall, 18 How. 165; Polte v. Derby, 5 McLean, 328.