Page:United States Statutes at Large Volume 36 Part 1.djvu/1121

 SIXTY-FIRST oouonsss. sms III. os. 2::1. 1911. 1097 and uplonhthe prodgction thereof in said Sglaae (izciurt tgp (pause shall rocee therein as no etition or remov a een e. P Sec. 32. When all thepacts necessary for the removal of any suit or ,°§*;"§fg’§Q,;’§({‘,,{“* prosecution, as provided in the section, have been performed, R. S-, wc. 642. p- ua and the defendant petitioning or such removal is in actual custody{ on _ process issued by said State court, it shall be the duty of the cler of said district court to issue a writ of habeas corgus cum causa, and of the marshal, b virtue of said writ, to take the ody of the defendant into his custodl, to be dealt with in said district court according to Jaw and the orcfers of said court, or, in vacation, of any judge thereof; and rtthedmaishal shall file wish ort deliver to the clerk of said State ` cou a u `catecopyo said wri. _ Sec. 33.pWhen any civil suit or criminal prosecution is commenced U,{§°,f,‘d°{;“,_,g‘,;‘;{,',{{‘,§· in any court of a State against anfy officer appointed under or acting lngsé H6 · by authority of any revenue law o the United States now or hereafter ‘°°’P' ‘ enacted or against any person acting under or by authorit of any suc officer, on account o any act one un er co or o office or o _ 11 si r (1 (1 1 1 his d s any such law, or on account of any right, title, or authority claimed by such officer or other erson un er any such law; or is commenced against any person holding property or estate by title derived from any such officer, and affects the_val1d1ty of any such revenue law; or c(Q_¤·=i·1 ¤¤¤¤2 *0* when any suit is commenced aginnst any person for on account of an - vgiiiii, p.4D1. th` done b him while an officer of Glt er House of Congress in the dislgh e ofliis official duty, in executing anymorder of such House the saqffgsuit or yizosecution may, at any time _. fore the trial or final he thereof, removed for trial intp the district court next to be hawk the district where the same is pendmg, uppn the petition of such defendant to said district court, and in the fo owing manner: Said petition shall set forth the nature of the suit or prosecution and *`°““°”·°‘°· be verined by affidavit, and, together with a certificate s` ed b an attorney or counselor at law of some court of record olgxihe Sstate where such suit or prosecution is commenced, or of the United States, stating that, as counsel for the petitioner, he_ has examined the proceedings against him and carefully mquired into all the matters set forth in the petition, and that he believes them to be true, shall be presented to the said district court, if in session, or if it be not, to the clerk thereof at his office, and shall be filed in said office. The cause shall thereu on be entered on the docket of the district court, and shall proceed as a cause originally commenced in that court; but all bail and other security given upon 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. When the suit is com- wflgtntgylcggdségy menced in the State court by summons, subpcena, petition, or other ’ ` process except capias, the clerk of thedistrict court shall issue a writ of certigrari to 5 ie State cougt, requmgig 1t to segkllto the d1str1ct C in mi court the recor am rocee ings in the cause. en it IS com— ¤¤ ¤¤¤>¢ ¤8¤~ menced by capias or byliiny other similar form or proceeding by which a personal arrest is ordered, he shall issue a Writ of habeas corpus cum causa, a duplicate of which shall be delivered to the clerk of the State court, or left at his office, by the marshal of the district or his deputly, or by some person duly authorized thereto; and thereupon it shall be the duty of the State court to stay all further roceedmgs in the cause, and the suit or prosecution, upon delivery og) such process, or leaving the same as aforesaid, shall be held to be removed to the district court, and any further proceedings, trial, or judgment therein in the State court shall be void. If the defendant in the suit D“" °"'“""““· cl; piilosegutionfbehin actual izugtody on mgsnlp processftherein, it shall t e utyo themarsha, virtue o thewrit o habeas co us cum causa,_ to take the body of the defendant into his custody, tldpbe _dealt with 111 the cause according to law and the order of the district