Page:United States Statutes at Large Volume 36 Part 1.djvu/1123

 s1X*rY-1·*1ss·r cosensss. sms. III. os. 231. 1911, 1099 the same lproceedings had been taken in such suit in said district court sj s all have been had therein in said State court prior to its. remov. Sec. 39. In all causes removable imder this chapter, if the clerk ,,,§}‘,§“'§‘,§‘°}‘,§’,f’,§’§‘§,’},} of the State, court 111 which any such cause shall e pending shall <>*>gg,¤§;°;°;$L°w· refuse to any one or more of the parties or persons applying to remove ’ ' e the same, a cqpy of the record_ therem, a ter tender of legal fees for ·such_copy, said clerk so offending shall,_on conviction thereof in the district court of the United States to which said action or proceeding was removed, be fined not more than one thousand dollars, or imprisoned not more than one year, or both. The district court to which w m§g·;l¢ any cause shall be remoyab e under this chapter shall have power to ` issue a writ of certiorari to said State court commanding said State court to_make_ return of the record in any such cause removed as afore- ‘ said, or m which an one or more of the laintiffs or defendants have . . Y. . . P comphed with the provisions of this chapter for the removal of the same, and enforce said writ according to law. If it shall be impossible °¤d¢*°°P*°¤°°¤°°*· for the parties or persons removing any cause under this chapter, or complying with the provisions for the removal thereof, to obtain such copg, for the reason that the clerk of said State court refuses ~t0  a copy, onaplayment of legal fees, or_ for any other reason, the district court sh make an order rciquiring the prosecutor in any such action or proceeding toenforce fo eiture or recover plenaltly, as aforesaid, to file a copy of the paper or proceeding by w 'ch the Isame was commenced, within such time as  e court_ may determine; _and in default thereof the court shall dismiss the said action or pro- ` medingli but if said order shall be comphed with, then said district rmsssings [court all require the other party to p ead, and said action or proceeding shall proceed to final judgment. The said district court Ima? make an order requiring the parties thereto to plead de novo; an the bond given, conditioned as aforesaid, shall be discharged so far as it requires copy of the record to be filed as aforesaid. Crmrrmz Form. ¤¤•v¤¤*<· DISTRICT COURTS-—MISCELLANEOUS PROVISIONS. °eH:’,§:§,§·°,°?,‘Lf$§i:’“l:t sec. ssc. 40. Cs;pital cases· where triable. 56. When property lies in different States 41. O enses on the high seas, etc., where in same circuit; jurisdiction of retriable. ceiver. 42. Offensee bgigun in one district and 57. Absent defendants in suits to enforce complet in another. liens, remove clouds on titles, etc. 43. Suits or penalties and forfeitures, 58. Civil causes may betransferred to anwhere brought. other division of district by agree- 44. Suits for internal-revenue taxes, ment. where brought. 59. Upon creation of new district or divi- 45. Seizures, where cognizable. · sion, where prosecution to be insti- 46. Capture of insurrectionary property, tuted or action brought. where cognizable. { 60. Creation of new district, or transfer of 47. Certain seizures cognizable in any, territory not to divest lien; how district into whic the property is lien to e enforced. taken._ 61. Commissioners to administer oaths to 48. Jurisdicnon in patent cases. appraisers. 49. Proceedings to enjoin Comptroller of 1 62. Transfer of records to district court the Currency. when a Territory becomes a State. 50. When a part of several defendants can, 63. District judge shal demand and com- _ not be served. { pei delivery of records of territorial 51. Civil suits; where to  brought. court. 52. Suits m_States containing more than. 64. Jurisdiction of district courts in cases _oned1str1ct. _ _ transferred from territorial courts. 53. Districts conta.1mng_more than one 65. Receiverstomanage property accorddivision; where_su1t to be brought; ing to State laws. transfer of crimmal cases. 66. Suits against receiver. ‘ 54. Smts of a local nature, where to be 67. Certain persons not to be appointed brought. _ _ _ _ or employed as officers of courts. 55. When property hes m different dis- 68. Certain persons not to be masters or tncts in same State. receivers.