Public Law 74–13

That section 24 of U. S. C., p. 1231.

District courts.

the Judicial Code, as amended, is amended by inserting at the end thereof the following:

“(26)“(26)

Original jurisdiction of bills of interpleader, and of bills in the nature of interpleader—Twenty-sixth.—

(a)(a)

Of suits in equity begun by bills of interpleader or bills in the nature of bills of interpleader duly verified, filed by any person, firm, corporation, association, or society having in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, policy of insurance, or other instrument of the value or amount of $500 or more, or providing for the delivery or payment or the loan of money or property of such amount or value, or being under any obligation written or unwritten to the amount of $500 or more, if—

“(i)“(i)

Two or more adverse claimants, citizens of different States, are claiming to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certificate, policy, or other instrument, or arising by virtue of any such obligation; and

#

“(ii)“(ii)

The complainant (a) has deposited such money or property or has paid the amount of or the loan or other value or such instrument or the amount due under such obligation into the

Bond, etc.

registry of the court, there to abide the judgment of the court; or (b) has given bond payable to the clerk of the court in such amount and with such surety as the court or judge may deem proper, conditioned upon the compliance by the complainant with the future order or decree of the court with respect to the subject matter of the controversy.

#

Such a suit in equity may be entertained although the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and independent of one another.

#

“(b)“(b)

Such a suit may be brought in the district court of the district in which one or more of such claimants resides or reside.

#

“(c)“(c)

Notwithstanding any provision of the Judicial Code to the contrary, said court shall have power to issue its process for all such claimants and to issue an order of injunction against each of them, enjoining them from instituting or prosecuting any suit or proceeding in any State court or in any United States court on account of such money or property or on such instrument or obligation until the further order of the court; which process and order of injuncion shall be returnable at such time as the said court or a judge thereof shall determine and? shall be addressed to and served by the United States marshals for the respective districts wherein said claimants reside or may be found.

#

“(d)“(d)

Said court shall hear and determine the cause and shall discharge the complainant from further liability; and shall make the injunction permanent and enter all such other orders and decrees as may be necessary or convenient to carry out and enforce the same.

#

“(e)“(e)

In any action at law in a United States District Court against any person, firm, corporation, association, or society, such defendant may set up by way of equitable defense, in accordance

Vol. 38. p. 966.

U. S. C., p. 1277.

with section 274b of the Judicial Code (U. S. C., title 28, sec. 398), any matter which would entitle such person, firm, corporation, association, or society to file an original or ancillary bill of interpleader or bill in the nature of interpleader in the same court or in any other United States District Court against the plaintiff in such action at law and one or more other adverse claimants, under the provisions of paragraph (a) of this subsection or any other provision of the Judicial Code and the rules of court made pursuant thereto. The defendant may join as parties to such equitable defense any claimant or claimants who are not already parties to such action at law. The district court in which such equitable defense is interposed shall thereby possess the powers conferred upon district courts by paragraphs (c) and (d) of this subsection and by section 274b of the Judicial Code.”

#

#

Sec. 2.

The Act entitled “An Act authorizing casualty companies,

Provisions repealed.

surety companies, insurance companies or associations or fraternal or beneficial societies to file bills of interpleader”, approved May 8,

Vol. 44, p. 416.

U. S. C., p. 1231.

1926 (U. S. C., Supp. III, title 28, sec. 41 (26)), is hereby repealed. Said repeal shall not affect any act done or any right, accruing or

Existing rights protected.

accrued in any suit or proceeding had or commenced under said Act hereby repealed, prior to the passage of this Act, but all such acts or rights, suits or proceedings shall continue and be valid and may be prosecuted and enforced in the same manner as if said Act had not been repealed hereby.