Page:United States Statutes at Large Volume 18 Part 1.djvu/188

 116 'PITLE x111.——THE J UDICIARY.——Ch. T. of the circuit court, statin such failure, shall be given, and upon the roduction thereof in said State court the cause shall rocced thereinas h no petition for a removal had been filed. [Sui 1971-1p _ wh? qslltlxfr Sec.  When alll tile acgs necesgdary for the rgmoval of any suit or ismac ua cus y prosecu ion, as provide in the prec ing section, ave been performed. °f Sum °°*m· and the defendant titionin for such removal is in actual custodv on 5 F€b_’·]86']’ ,,_ process issued by salffd State gourt, it shall be the duty of the clerlt of 27, v. 14, p. 385. said circuit court to issue a writ of habeas corpus cum causa, and of the i;l*l¤;5186§g%8l» marshal, by virtue of said writ, to take the body of the defendant into “‘ 1yvMa;,pi866‘ C his custody, to be dealt with in said circuit court according to law and 80, ,,,,3,5: v_ 14; of the orders of said court, or, in vacation, of an judge thereof; and the 46. marshal shall file with or deliver to the clerk of? said State court a dupli- 3l9¤.gP;;l1;866,2?: cate copy of said writ. hcjovngglgulm _ Sec. 643. When any civil suit or criminal prosecution is commenced and prosecutions in any court of a State against any officer appointed under or acting by gg23E53Eé?:; authority of any revenue law of the United States now or hereafter ming under mgig enacted, or against any person acting under or by authorit of any such tmtionluwl ofliplef, on account of sznykact don; undpr color of his otliyce or of any ····—~* suc aw, or on accoun o an ri t tit e, or authorit claimed b * such 57?,,g?:;j4T§%3§j oflieer or other person undef, angv such law; or is colnmenced against 13 July, 1866, c_ ag person holding property or estate by title derived from any such {gg, s. 67, v. 14, p. 0 cer, and affects the val1d1ty_of any such revenue law; or is commenced 2h Feb 1871 c against any officer of the United States, or other erson, on account of 99,s_16,°{,_]6,’p_'a1‘;r;{y act done under the profvisions olf Title XXQ/'li1“Trm Emzorrva 438, sucmsa, or on accoun o an ri t tit e or authoritv cl ime b 3 Mar., 1875, c. such officer or other person undgyr ally Lt the said provisions? thedsaid suit or prosecution may, at any time before the trial or final hearing Coggins v. Law- thereof, be removed for trial into the circuit court next to be holden in 1é¢¤¤§é¥_B&g¤d  the; dtzntrictéwherephe same is tpendiplg, uppn the petition of such defendv Y · an said circul court an in the fo owin manner: Said tition j;Jl:,:°hiT°Ev§j, 3703 shall set forth the nature iof the suit or prosecdtiou, and be verified by Van Zandt v_ Max. affidavit; and, together with a certificate signed by an attorney or géllég féizcrlléhfélé counselcgr at law of somedcourt pilfemrd og téhe State where such suit or ·· · prosecu 10n 18 commence, or o. e United States statin that, as coun- vvsxgp sel for the petitioner, he has examined the proceedings against him, and ¤,Fowl°r,4 Blgtglh carefully inmppired into all the matters set forth in the petition, and that &¤C.,3é1Q7ict}prg. ll9·bBll8VFS them  be true, shall be presented to the said circuit court, C. °&8_ Bgriszhiq; 1f ln session, or if it be not, to the clerk thereof at his office, and shall be ,,_émbc;.t’8Bmch_ filed in said office. The muse shall thereupon be entered on the docket 147; Sglgm md of the circuit court, and shall proceed as‘a cause originally commenced kpsyzllngifgsi in that court; but all bail_ and other securiéy given upon such suit or R~P—·2¤·~R¤¤»-· €§§dSEri“$L°ES£“iL3°'££'§`¤‘1°t1I`d"£‘£s$,‘$€2“"? °n°°§‘Z§£ t ° 2““‘i$`£d p5?` · . n n e cour. en e Llgi?§S,f)virg’,h?(iCi, suit is commenced ill the State court b summons, subpoena tition, or 170;Buttnerv.Mil- another process except ca ias, the clerh of the circuit courtishdll issue a l°'· I w°°d°• 620- writ of certiorari to the State court, requiring it to send to the circuit court the record and proceedings in the cause. When it is commenced by capias, Ol;1 by ain ylotheriimilar form of pgohcseding by which a personal arres IS or ere, e s a issue a writ o a duplicate of which shall be delivered to the clgshsofofhdgfaltglobhftalor left at his office, by the marshal of the district, or his de uty, or b some person duly authorized thereto; and thereupon it shall) be the dlity of the State court to stay all further proceedings in the cause, and the suit or prosecution, upon delivery of such process, or leaving the same as aforesaid, shall be held to be removed to the circuit court, and any further proceedings, trial, or judgment therein in the State court shall be void. And if the defendant in the suit or prosecution be in actual custody or mesne process therein, it shall be the duty of the marshal, by virtue of the writ of habeas corpgs cum causa, to take the body of the defendant into his custody,_to dealt with in the cause according to law and the order of the circuit court, or, in vacation, of any judge thereof; and 1f, upon the removal of such suit or prosecution, it is made to appear