Page:United States Statutes at Large Volume 24.djvu/586

 FORTY-NINTH CONGRESS. Sess. II. Ch. 373. 1887. 553 residence of either the plaintiff or the defendent; nor shall any circuit or district court have cognizance of any suit except upon foreign bills of exchange, to recover the contents of any promissary note or other A”*8’”°° *·° ]¥“"’°’ chose in action in favor of any assignee, or of any subsequent holder of €§aug;::°;0,,"gh°’ such instrument be payable to bearer and be not made by any corpora- g ` tion, unless such suit might have been prosecuted in such court to re- V cover the said contents if no assignment or transfer had been made; and the circuit courts shall also have appellate jurisdiction from the ilistrgct courts, under the regulations and restrictions prescribed by aw. “ Sec. 2. That any suit of a civil nature, at law or in equity, arising Removal or under the Constitution or laws of the United States, or treaties made, <==¤¤¤¤¤» U ¤ it vii or which shall be made, under their authority, of which the circuit 80* att ° “ °"°“'*‘ courts of the United States are given original jurisdiction by the pre- ° j`;g,sd,cm,,,_ ceding section, which may now be pending, or which may hereafter be brought, in any State court, may be removed by the detendant or defendants therein to the circuit court of the United States for the proper district any other suit of a civil nature, at law or in equity, of which the circuit com ts of t-he United States are given jurisdiction by the preceding section, and which are now pending, or which may hereafter be brought, _ in any State court, maybe removed into the circuit court of the United States for the proper district by the defendant or defendants therein being non-residents of that Stare; and when in any suit mentioned in ,$°i* ¤ b¤*Y¢¤¤• this section there shall be :1 controversywhich is wholly between citizens gg;';?:,;? °‘°`°" of diifercnt States, and which can befully determined as between them, ' then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district. And where a suit is now pending, or may be hereafter brought, in any State court, in which there is a. con- Ramon,, troversy between acitizen of the State in which the suit is brought and ,,;;,,,1,,,.,, ,,°:b{°·§ a citizen of another State, any defendent, being such citizen of another justice. State, may remove such suit into the circuit court of the United States for the proper district, at any time before the trial thereof, when it shall be mode to appear to said circuit court that from prejudice or local influence he will notbe able to obtain justice in such State court, or in any other State court to which the said defendant may, under the laws of the State, have the right. on account of such prejudice or local iniluence, to · remove said cause: Provided, That if it further appear that said suit can pm,;,,o_ V be fully and justly determined as to the other defendants in the State Whew other do~ court, without being affected by such prejudice or local influence, and that f°°‘]°(';i*‘;°°d¤'° no party to the suit will be prejudiced by a separation of the parties, {,*,*3,:6ded intguw said circuit court may direct the suit to be remanded, so ferns relates to mum, such other defendants, to the State court, to be proceeded with therein. “ At any time before the trial of any suit which is now pending in any circuit court or may hereafter be entered therein, and which has been removed to said court from a State court on the uiiiduvit of any Circuit court party plaintiff that he had reason to believe and did believe that, from ¤¤¤!é¤‘¤¤¤¤¤d ¤¤¤••_ prejudice or local influence, he was unable to obtain justice in said State ;,°“,jn”3{f° ‘§::`°M*{_ court, the-circuit court shall, on application of the other party examine ,,;,,,_ into the truth of said aiiidavit and the grounds thereof, und, unless it shall appear to the satisfaction of said court that said party will not bo able to obtain justice in such State court, it shall cause the same to be remanded thereto. •¢ Whenever any cause shull be removed from any State court into any circuit court of the United States, and the circuit. court shall decide that the cause was improperly removed, and order the same to be remanded to the State court from whence it came, such remand shall beimmedietely carried into execution, and no appeal or Ko appen anwrit of error from the decision of the circuit court so remanding such l¤W¤i· cause shall be allowed!' ' That section three of said act be, and the same is hereby, amended Vol. 16, p. 4:1. so as to read as follows. · Sec. 3. That whenever any party entitled to remove any suit. men- P¤¢i¤i¤¤ 1`<>r r•— tioned in the next preceding section, except in such cases as are provided "'°"*·