28 U.S.C. § 1352 — Bonds executed under federal law

Page 378 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1351 ‘‘(C) the threat of imminent death; or ‘‘(D) the threat that another individual will im- minently be subjected to death, severe physical pain or suffering, or the administration or applica- tion of mind altering substances or other proce- dures calculated to disrupt profoundly the senses or personality.’’ § 1351. Consuls, vice consuls, and members of a diplomatic mission as defendant The district courts shall have original juris- diction, exclusive of the courts of the States, of all civil actions and proceedings against— (1) consuls or vice consuls of foreign states; or (2) members of a mission or members of their families (as such terms are defined in section 2 of the Diplomatic Relations Act). (June 25, 1948, ch. 646, 62 Stat. 934; May 24, 1949, ch. 139, § 80(c), 63 Stat. 101; Pub. L. 95–393, § 8(a)(1), Sept. 30, 1978, 92 Stat. 810.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 41(18), 371(8) (Mar. 3, 1911, ch. 231, §§ 24, par. 18, 256, par. 8, 36 Stat. 1093, 1160). Words ‘‘civil action’’ were substituted for ‘‘suits,’’ and ‘‘all suits and proceedings’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 2 of the Diplomatic Relations Act, referred to in par. (2), is classified to section 254a of Title 22, For- eign Relations and Intercourse. AMENDMENTS 1978—Pub. L. 95–393 substituted ‘‘Consuls, vice con- suls, and members of a diplomatic mission as defend- ant’’ for ‘‘Consuls and vice consuls as defendants’’ in section catchline, designated existing provisions as in- troductory provision preceding par. (1), and in such in- troductory provision as so designated, substituted ‘‘civil actions and proceedings against—’’ for ‘‘actions and proceedings against consuls or vice consuls of for- eign states’’, and added pars. (1) and (2). 1949—Act May 24, 1949, substituted ‘‘of all actions and proceedings’’ for ‘‘of any civil action’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–393 effective at end of nine- ty-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as an Effective Date note under section 254a of Title 22, Foreign Relations and Intercourse. § 1352. Bonds executed under federal law The district courts shall have original juris- diction, concurrent with State courts, of any ac- tion on a bond executed under any law of the United States, except matters within the juris- diction of the Court of International Trade under section 1582 of this title. (June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96–417, title V, § 506, Oct. 10, 1980, 94 Stat. 1743.) HISTORICAL AND REVISION NOTES This section is necessary to permit actions in the dis- trict courts upon any bond authorized by a law of the United States. In the absence of this new provision, such actions could not be maintained except by the United States, where the amount and other jurisdic- tional requisites did not exist. The new section also makes clear that it does not affect the right to pros- ecute such actions in State courts. Editorial Notes AMENDMENTS 1980—Pub. L. 96–417 inserted exception for matters within the jurisdiction of the Court of International Trade under section 1582 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 applicable with respect to civil actions commenced on or after the 90th day after Nov. 1, 1980, see section 701(c)(1)(B) of Pub. L. 96–417, set out as a note under section 251 of this title. § 1353. Indian allotments The district courts shall have original juris- diction of any civil action involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any Act of Congress or treaty. The judgment in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provision shall not apply to any lands held on or before Decem- ber 21, 1911, by either of the Five Civilized Tribes, the Osage Nation of Indians, nor to any of the lands within the Quapaw Indian Agency. (June 25, 1948, ch. 646, 62 Stat. 934.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(24) (Mar. 3, 1911, ch. 231, § 24, par. 24, 36 Stat. 1094; Dec. 21, 1911, ch. 5, 37 Stat. 46). Words ‘‘any civil action’’ were substituted for ‘‘all ac- tions, suits, or proceedings,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. The sentence ‘‘The right of appeal shall be allowed to either party as in other cases’’ was omitted as covered by section 1291 of this title, relating to appeals to the court of appeals. Changes in phraseology were made. § 1354. Land grants from different states The district courts shall have original juris- diction of actions between citizens of the same state claiming lands under grants from different states. (June 25, 1948, ch. 646, 62 Stat. 934.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143). Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1342, 1345, and 1359 of this title. Changes were made in phraseology. § 1355. Fine, penalty or forfeiture (a) The district courts shall have original ju- risdiction, exclusive of the courts of the States, of any action or proceeding for the recovery or