Page:United States Statutes at Large Volume 36 Part 1.djvu/1120

 1096 sixrrrinsr ooivonnss. sm. III. cu. 231. isn. S“““ ““"°' ’“ SEO. 30. If in an action commenced in a State court the title of iigieiiimom digalm land be concerned, hud the parties are citizens of the same State and %E‘%_°g%_p‘u7‘ the matter in dispute exceeds the sum or value of three thousand dollars, exclusive of interest and costs, the sum or value being made to appear, one.or more of the plaintiffs or defendants, before the trial, may state to the court, and make affidavit 1f the_court require it, that he or they claim, and shall rely upon, a right or title to the land under a grant from a State, and produce the original grant or an exemplification of it, except where the loss of public recordsshallfput it out of his or their power, and shall move that any one or more 0 the adverse arty inform the court whether he or they claim a right or title to the _ l,and 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. If he or they mform the court that he or they do claim under such grant, any one or more of the arty moving for such information may then, on petition and bond; as hereinbe ore mentioned in this chapter, remove the cause for trial to the district court of the United States next to be holden in such district; and any one of either party removing the cause shall not be allowed to plead oiliigive evidence 0 any other title than that by him or them stated as oresaid as the ground of his or their claim. ‘ suitsiuvolvingcivil Sec. 31. When any civil suit or criminal prosecution is commenced "'QTQ, ,,c_ w_,,m_ in any State court, for any cause whatsoever, against any person who ¤’¤¤¤<>¤·¤*¤- is denied or can not enforce in the judicial tribunals of the State, or in the part of the State where such suit or prosecution is pending; any right secured to him by any law providing for the equal civil ri ts of citizens of the United States, or of all {persons within the jurisdiction of the United States, or against any 0 cer, civil or military, or other person, for any arrest or imprisonment or other trespasses or wrongs made or committed by virtue of or under color of authority derived from any law providing for eqpal rights as aforesaid, or for refusi to do any act on the ground t at it would be inconsistent with suldg law, such suit or prosecution may, upon the petition of such defendant, filed in said State court at any time before the trial or final hearing of the cause, stating the facts and verified by oath, be removed for trial into the next district court to be held in the district where Bravo! i>ro¤•¤¤i¤r¤· it is pending. Upon the filing of such etition all further roceedings in the State courts shall cease, and shall not be resumed except as B°"·°‘°··°°“**“"°"- hereinafter provided. But all bail and other security given in such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judgment and execution in the State court. mar! 0* v¤¤=¤¢¤- It shall be the duty of the clerk of the State court to furnish such defendant, fpetitioning for a removal, copies of said process against P¤>¤¤¤·¤··<·~ him, and o all pleadings, depositions, testimony, and other proceedings in the case. If such copies are filed by said petitioner in the district court on the first day of its session, the cause shall proceed therein in the same manner as if it had been brought there by original If cicrk refuses to process; and if the said clerk refuses or neglects to furnish such copies ‘“"““*’ °°*“"”· the petitioner may thereupon docket the case in the district court, and the said court shall then have jurisdiction therein, and mav upori proof of such refusal or neglect of said clerk, and upon reasdnable notice to the lplaintifi, require the plaintiff to file a declaration peti- _ns·m1iss1 rr psu. tion, or comp aint in the cause; and, in case of his default, may,order ' dismissal shall be a bar to any further suit touching the matter in controversy. But if, without such refusal or neglect of said clerk to furmsh such copies and proof thereof, the petitioner for removal fails to file copies in the district court, as herein provided a certificate · ., _ ) , under the seal of the district court, stating such failure, shall be given,
 * ·;¤;;cf¤¤¤¤io¤1<= ooo c, nonsuit and dismiss the case at the costs of the plaintiff, and such