Page:United States Statutes at Large Volume 25.djvu/481

 FIFTIETH CONGRESS. Sess. I. Ch. 866. 1888. 435 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 L<>¤¤1i¤1i¤¤¤¤¤¤- pending, or may be hereafter brought, in any State court, in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State, any defendant, being such citizen of another 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 made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such State court, or i11 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 iniiuence, to remove said cause: _ Provided, That if it further appear that said suit can be fully and {’,Q‘§}Qj‘{;, ,,,,m,,,d_ justly determined as to the other defendants in the State court, with- M as rv _<1¤f¤¤d¤·¤¤¤ out being affected by such prejudice or local influence, and that no °°tpr°°°d”°°d' party to the suit will be prejudiced by a separation of the parties, said circuit court may direct the suit to be remanded, so far as relates to such other defendants, to the State court, to be proceeded with` therein. b f d C wbé d " t any time e ore the trial of an suit which is now pen in in e ’?““S". F°'““ ' any circuit court or may hereafter belentered therein, and whichdias ntcltlixngifludm dm been removed to said court from a State court on the aiiidavit of any party plaintiff that he had reason to believe and did believe that, from prejudice or local iniiuence, he was unable to obtain justice in said State court, the circuit court shall, on application of the other party, examine into the truth of said affidavit and the grounds thereof, and, unless it shall appear to the satisfaction of said court that said party will not be able to obtain justice in such State court, it shall cause the same to be remanded thereto. " Whenever any cause shall be removed from any State court into No **PP°¤·l¤¤°*¤d- 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 be immediately carried into execution, and no appeal or writ of error from the decision of the circuit court so remanding such cause shall be allowed. " That section three of said act be, and the same is hereby, amended v°l·’S·P·‘"· so as to read as follows: " SEC 3. That whenever any party entitled to remove any suit men- fgpléiggzzzgpom tioned in the next preceding section, except in such cases as are pro- ` vided for in the last clause of said section, may desire to remove such suit from a State court to the circuit court of the United States, he may make and file a petition in such suit in such State court at the time, or any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or plead to the declaration or complaint- of the plaintiff, 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 file therewitha bond, with good and sufficient surety, for his or their entering in such B°“‘l ’°" °°“’“· °*°· circuit court, on the first day of its then next session, 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, andalso for their 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 ac- c0§t<><ggtf5§$*¤$*¤*° cept said petition and bond, and proceed no further in_such suit: and the said copy being entered as aforesaid in said circuit court of the United States, the cause shall then proceed in the same manner as if it had been originally commenced in the saidcircuit court: and if in j any action commenced in a State court the title of land be concerned, A°**°¤¤°¤*°¤d¤°*S· and the parties are citizens of the same State, and the matter in dispute exceed the sum or value of two thousand dollars, exclusive of