Page:United States Statutes at Large Volume 36 Part 1.djvu/1122

 1098 SIXTY-FIRST CONGRESS. Sess. III. Ch. 231. 1911. ` . ’ ation, of an ·'ud e thereof; and if, u n the_removal mudpmmm gf“sIutiiliusi1it1clr1il·crosecution,}it]is iiiadc to applear_to_the district court that no copy ofp the record and proceedin§s therem in the State court can be obtained, the district court may a ow and requu·e the plamtnif to proceed de novo and to his a declaration of his cause of action, and the parties may thereupon proceed as m_ actions originally brought in said district court. On failure of the plaintiff so to proceed, judgment of non prosequitur may be rendered against him, with costs for the defendant; sti-*°'“ °‘ '“‘"” "’ · Sm it tl"’°’i‘Z"§' “ *’Zii°”°' ‘?.@“..l‘.“ £€{’z'é£2?’3.“€Ji€.b.'}‘i.`f.g£° · in an a a cou an en _ _ · , &&°m“lDu7· or atythe time the alleged actidii accruedy was, a c1v1l_ofiicer of the ‘ United States, beiméa non-resident of that State wherein jurisdiction is obtained by the tate court, by personal service of [process, such action may be removed into the district court of the mted States in and for the district in which the defendant shall have been served with the process, in the same manner as now provided for the removal _ of an action broughtin a State court by the provisions of the preced- ` ing section. d·1;‘¤j¢:ie¤i¤c¤ on :2; {Sec. 35. In any case where a party is entitled to cmgiies of the ,,,;.,,,,1;, L.; records and proceedings m any su1t_o;·dprosecution m a tate court, wg¤—·•°°·“{P·¤"· to be used in any court of the Umt States, if the clerk of sand State court, upon demand, and the payment or_ tender of the legal fees, refuses or neglects to deliver to him certified copies of such records and proceedings, the court of the United States in which such records and proceedings are needed ma, on proof by affidavit that the clerk of said State court has refuse! or neglected to deliver copies thereof, on demand as afcresaid,_d1rect such record to be supphed by affidavit or otherwise, as the circumstances of the case may require and allow E and thereupon such proceeding, trial, and jud - ment may be had in the said court of the United States, and all suci processes awarded, as if certified copies of such records and proceedin had been regularly before the said court. Ayclgey. gm gmc. 36. When anyisuit shall be removed from a State court to a wana ° district court of the mtod States, any attachment or sequestration {‘,;,§·,$_§’.§’;_P·“’· of the gloods or estate of the defendant had in such suit in the State court s all hold the goods or estate so attached or sequestered to answer the final jpcdgment or decree in the same manner as b law they would have en held to answer final judgment or decree lirad it been rendered by the court in which said suit was commenced. All bonds, undertakings, or security given by either party in such suit prior to its remov shall remain valid and effectual notwithstandin said removal; and all injunctions, orders, and other proceedings had in such suit prior to its removal shall remain in full force and effect until dissolved or modified by the court to which such suit shall be remove. mfiujgml Mg; gg Sno, 37. If in any suit commenced in a district court, or removed properly bmugm. from a State court to a district court of the United States, it shall V°‘· ”‘· "‘m" appear to the satisfaction of the said district court, at any time after such suit has been brouglht or removed thereto, that such suit dom not realli and substantia y involve a dispute or controversy properly within the jurisdiction of said district court, or that the parties to said suit_ have been improperly or collusively made or joined, either as plaintiffs or defendants, or the purpose of creating a case cognizable or removable under this chapter, the said district court shall proceed no further therein, but s all dismiss the suit or remand it to the court from which it was removed, as justice may require, and shall make such order as to costs as shall be just. m °¤*¤"‘*" Sec. 38. The district court of the United States shall, in all suits v¤¤.18.1>.m. removed under the provisions of this chapter, {proceed therein 33 if the suit had been originally commenced m said district court, and