Page:United States Statutes at Large Volume 18 Part 3.djvu/502

 472 FORTY-THIRD CONGRESS. Sess. II. Ch. 137. lS75, Dismissal or nge- Sm. 5. Tham if, in may suits commenced in u circuit court or removed m*%“°h“g· by °*”‘ from a. Bmw court to al circuit courts of the Unitegl States, it: shall appear ff °°'Q’:"g';“:§°; to the satisfaction of said circuit court, at any txgne after such sui; hug brought in or re- been brought or rcmovcd thereto, that such sum does l10D really and moved to ¤ir¤¤i¤ substantially involve a. dispute or controversy properly Wltlllll the jam. °°“'“· diction of said circuit court, or that 1:11% parties to saliq sp; hav; pcm; im ro orly or collusivoly made or joinc eil: cr as p amn s or c end-
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this act, t c said circui cout s a procec 110 ur cr crc11n u s m dismiss the suit or remand it to the court from winch it was rémovcd as Reviaw, in Su} justice may require, and phall mglko such  ordpr as to costs as sha.l1  Egg? ggi2ug just; but£heé>rder of s€1d ;:15c%1t coqrt d{$lI1§Sll;§ og romaudéng gud · cause to 0 mba com s u e mvmwa. 5 y 0 uprcmo our on gzugsmmding writ of error or ag>po2.1, as the case; xzslygel C' ‘ t c Sec. 6. That t o circuit court 0 0 ni a as s a m sun prp¢;:gl;¤c§`ug¤¤¤g removed under the provisions of this act, proceed therein ag if the suit °“K}“““Y b"°“€h*’ had been originally commenced in said circuit court, and the same proth°‘°' cecdiugs had been taken in such suit in said circuit court as shall have been had therein in said State court prior to its removal. '1‘im•¤ f<>r fdiirng 81110.7. That in all causes removable under this act, if the term of ’°°°‘f m °“°“‘“ the circuit court to which the same is removable, then rlcgzt to be holdep, °°`"shall commence within twenty days after tiling the petition and bond in the State court for its removal, then he or they Wl10 apply to remove the same shall have twenty days from such applicatwu to ills sand copy of record in said circuit court, and cuter appearance therein ; and if done within said twenty days, such Bling and appearance shall be taken Reé€u¤¤1 of clexék to satisfy the said bond in tha.t b§ba]f ; than if tgehclcg oi; tho State ° . ***° °°“' ° court in which any such cause s a be pon ing s a rc use 0 any one fgfggh °°Py °f· or more of the parties or persons applying to rémova the same, a copy ' of the record therein, aftarécnder of lggal fees for such coléy, said clerk so oilending shall be deem guilty 0 a. misdemeanor an, on couyiction thereof in the circuit court of the United States to x;hicb said action, Punishment. or proceeding was removed, shall be punished by imprisonment not moyo tlmuono year, or by flue not exccedm g one thousand dollars, or both 111 the discretion of the court. 5 C°'·'H°T vi t ¤ And the circuit court to which any cause, shall be removable under m ’“' this act shall have power to issue a. writ of certiorari to said Shape ' court commanding said State court to make mmm of the record m any such cause removed as aforesaid, orju which any oqe or more gf the pla.iutid‘s or defendants have complied with Qhc prpvxsious of tlus acc for the removal of tho same, and e>nforca send wut 3000l'd1¤g  to law; and if it shall be impossible for the paxtxcs or persons removing Pmoeediu gs any cause under this act, .0r complying with the pmvismns for the go- . tum court refuses to nis a. copy ou payment 0 cga. ecs or  or  °f °1°fk' any other reason, the circuit court shall make an 0;· der   the prosecutor in any such action or ppoceediug to aq owe 61 HI'6 or recover penalty as aforesaid, to ile a copy of the paper or proceeding by which the same was commenced, within such time as the court may determine ; am} in default thereof the court shall dismiss the said qc- 1:1011 or procccdmg; but 1f said order shall be complied with, thqu said circuit-cpurb shall require the other party to plead, and sa.i£1 action, 01* proceeding shall procccdw final judgment; and the sand clrcmt court may make an order requiring the parties thereto tc plead dc novo; and the bond given, conditioned as aforesaid, shall be discharged so far as it requires copy of the record to be med as aforesaid. How absent de- 812:0. 8. That when in any suit, commenced in any circmt court of tllo f°¤<?°·¤*¤, ‘>'°°Zh* United States, 1:0 enforce any legal or equitable licu upon, or clmm to, ‘“ “‘ “‘“°“ *° °“‘ or to remove any incumbrauco or lion or cloud upon the title to real 0I' force or remove. . . . . . u.,,,,, &,, _0,, prop- pers0u?l£rogo;w w1t;1%£hc lll3i3E0a whgrg such pugt gzbrzu€ hb, (Egg; may. momo 0 een an cram s al no cs an 11:1 a 1 am 0 or within, the said district, or shall not voluntarily appeal- thomtgo, it shall
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