Based on title 28, U.S.C., 1940 ed., § 41(8), (23) (Mar. 3, 1911, ch. 231, § 24, pars. 8, 23, 36 Stat. 1092, 1093; Oct. 22, 1913, ch. 32, 38 Stat. 219) · Words “civil action” were substituted for “suits”, in view of Rule 2 of the Federal Rules of Civil Procedure