Page:United States Statutes at Large Volume 18 Part 3.djvu/501

 FORTY-THIRD CONGRESS., Sess. II. Ch. 137. 1875. 471 States, citizens, or subjects, either party may remove said suit into the circuit court of the United States for the propexndistrict. And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different States, and which can be fully determined as between them, then either one or more of the plaintiffs ` or defendants actually interested in such controversy may remove said suit into the circuit court of- the United States for the proper district. · . t Sec. 3. That whenever either party, or any one or more of the plaint- Petition for reiifs or defendants entitled to remove any suit mentioned in the next pre- m°"1· ceding section shall desire to remove such suit from a State court to the circuit court of the United States, he_0r they may make and iilea peti= When petition tion in such’suit in such State court before or at the term at which said *° b°m°**· cause could be first tried and before the trial thereof for the removal ~ of Such suit into the circuit court to be held in the district where such suit is pending, and shall make and iile therewith a, bond, with good and _Boud of p etisuhlcient surety, for his or their entering in such circuit court, on the '¤°¤°¥ fo1'¥°m°V*>1~ first day of its then next ession, a copy of the record in such suit, and ~ for paying all costs that may be awarded by the said circuit court, if said court shall hold that such suit was wrongfully or improperly removed thereto, and also for there appearing and entering special bail in such suit, if special bail was originally requisite therein, it shall ` then be the duty of the State court to accept said petition and bond, State court to and proceed no further in such suit, and any bail that may have 1>¤><=¢>¤d ¤¤ furtherbeen originally taken shall be discharged; and the said copy being · entered as aioresaid in said circuit court of the United States, the caussw proceed cause shall then proceed in the same manner as if it had been origi· in circuit court; nelly commenced in the said circuit court; and if in any action com~ h"'- menced in a State court the title of land be concerned, and the parties Remojvsl otcasos are citizens of the same State, and the matter in dispute exceed the f°”§°m¤S *“*~‘°.2° sum or value of five hundred dollars, exclusive of costs, the sum or gzsofmfgtgyf value being made to appear, one or more of the plaintiffs or defendants, proceedings. ’ before the trial, may state to the court, and make aiiidavit, if the court require it, that he or they claim and shall rely upon a right or title to thelaud under a grant from a. State, and produce the original grant, or an exempliiication of it, except where the loss of public records shall put it out of his or their power, and shall move that any one or more of the adverse party inform the court whether he or they claim a right or title to the land under a grant from some other State, the party or parties so required shall give such information, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial; and if he or · they inform that he or they do claim under such grant, any one or more of the party moving for such information may then, on petition and bond as hereinbefore mentioned in` this act, remove the cause for trial to the circuit court of the United States next to be holdeu. in such dis· _Prq¤f of title in triot; and any one of either party removing the cause shall not be °“`°°‘* °°‘“`*- allowed toplend or give evidenceof any other title than that by him or them stated as aforesaid as the ground of his or their claim, and the trial of i sues of fact in the circuit courts shall, in all suits except those of equity and of admiralty and maritime jurisdiction, be by jury; , Sec. 4. That when any suit shall be removed from a State court to a Continuation or circuit court of the United States, any attachment or sequestration of ::¤*;l:‘;h.:*u;;‘i:n;» the oods or estate of the defendant had in such suit in the State court M ’ °·' ' sha1? hold the goods or estate so attached or sequestered to answer the final judgment or decree in the same manner as bylaw they wouldhave been held to answer- iinal judgment or decree had it been rendered by the court in which such suit was commenced; and all bonds, undertakings, or security given by either party in such suit prior to its removal shall remaimvalid and eifeetual, notwithstanding said rennoval; andall injuuctions. orders, and other proceedings had in such suit prior to its removal shall remain in full force and eifect until dissolved or modihed by the court to which such suit shall be removed.