Page:United States Statutes at Large Volume 44 Part 1.djvu/885

 @:-1 TITLE S8.-—~JUDIC1AL ,. 5;:;;, § 1, 24 Stat. $2; Aug. 13, 1883, c. $66, 25 Stat. $33; Apr. $2,.;, llltai; Jar:. 20, 1014, c. 11, 38 Stat.d2?8.) gg, (Judicial Cade, election 29.) Same; precedure.———Whe;l. ,.,,e· any party entitled to remove any suit mentioned in Seegale $1 of this title, except suits removable on the ground 01 ,.;ee§11tliee er lecal iaaueace, may desire to remove such sml mea a State ceurt to the district court of the United Statee. may make and ale a petition, duly verified, in such suit-im gave State <:<3m‘t at the time, or any time before the defendant ge aequired by the laws of the State or the rule of the State ,. art ia which such suit islbrought tcl answer O1" plead to the ,ae»`l::rzlti<;a or complaint of the plalntiH, for the temqval 01 ea-lt suit into the district court to be held in the district at ae:··e·a such suitiis pending, aad shall make aud. file therewith at lean]. with geed aellsumcient surety, for his dr their enteria: in such district court, witl1iu`thirty days from thellate 01 aaa; said petition, a certihed copy of the. `ree0rd_in such suit ami {er paying all costs that maybe awarded by the said dis met eeurt if aaid district court shall hold that such suit. was °a;·eagi11l1y er il11[>1'(l`f)(¥I`IY removed tll(*1‘0‘£0,.8.I1d also for their e;a»ealri:;g and entering special bail int such suit if special bail aaa erigiaally requisite therein. It shall then be the duty 01 ala·.State court to accept said petition and bond ancrproceec ae fm·tl1er in such suit. Written notice of said petition and laaal {ei- removal shall be given the adverse party or partie: wld thirty dah; as aforesaid in said district cgurt of the Unitef Szaaes, the parties `sc remoxgiug the said cause shall, within thirty days thereafter, pleadfauswcr,_0r'dem.ur to the declarasila; er complaint. in said cause, aud the cause shall then pro _ le ell in the same manner as it;it had been originally commenceel la the said district court. (Mar. 3, 1875, c. 137, § 3, 18 Stat $15; Mas:. 3, 1887, c. 373, § 1, 24 Stat; 552;°Atig._13,’ 1888, c $#2:;, § 1, 25 Stat. 434; Mar. 3,- 1911, c. 231, §`29, 36 Stat. 1095.) 73. (Jadicial'C0de,-section 30.) Same; suits_unde1·`_granté ef land from diH`erent" States.-—It in any action. commenced- ix a State court the title of land be concerned, and the parties. are citizens of-the aame State and jthe matter in dispute exceeds the aum'er°value of $,000, exclusive of interest and . tmtsl, the sam mr value being made to appear, one or more `01 Fill? plaiati§e or defexxdants, befere,_;,the trial, may state to the mart, and make afiidafit it the court; require it, that- he 01 {lates claim, and shall rely upon, a right 0:* title to the land antler a grant flfo11`1_·8 State, and produce the original grant, ol an exemp1i§catl¢m of it, except where the loss- of public records shall put it aut of his or their power, and shall move that am me {lll more of the adverse partyiaform the etmrt whether he mf.llle3’ claim a right er title to the lalld ,]1H(l€‘l‘ 8 ‘gl‘ant¢ {rim; ” aaae ether State, the party or parties seirequlred shall give meh latermaticm, er etllerwleenot be allowed toi plead sucl lsram: er give it in evidence bll{)G11 the trial. It he or they in farm the éeurt that he et they do claim under such grant any cme or tame of the party moving for auch inteximatlm; - may then, on petition and bend, asihereivxabefore ( mentioned ir this chapter, remove the cauae for, trial tcathe district court ef the United States next te be heldea at auch dlatrlet; and any me of either party removing the cause, ehall not be alloweé t plead {01- give evidence of any other title thap. that by hm _ or them stated aa aferwaldnaa the areuad of his 01:··thel1 . claim; (R. S. § 647; Max'. 3, 1875, c. 137, Q 3, 1S' Stat. 470 Mar. 3, 1887, e. 373, l§ 1,, 24,St.at. 552; Aug. 10, 1888,ec. 866, { 1,25 Stat. $35; Mar. 3, 1911, c. $1, '§ 30,*36 Sta,t.,10S0.·)¤ ` “ 74. (Jadicial°Code, aeetiea 31.) Same; causes against Spereeaa  civil !'igh.t$.··-····“r?b€I1 any civil amt. er criminal _’catiQ?1 is cemmeaced ia axofState court, for any cause whatsot ` ° ’ WBT, against aay·peram1 who is denied er can not enforce in the judicial tribunals oi the State, my in the part of the State
 * € tale, e, 143, § 1, 36 Stat. 291; Mar. 3, 1911, c. 2.31, § 28, 3G
 * a·it»t‘ te iiii11g_t.11e same. The said copy being entered 'withir

conn any .1vo1c1n1cY` § 76 . where such suit or prosecution is pending, any right secured 5 to him by any law providing for the equal civil rirrlits of citizens of the United States, or of all persons within the . t jurisdiction of the United States, or against any onioer, civil . or military, or other person, for any arrest or imprisonment E or other trespasses or wrongs made or conmiittcd by virtue of, for equal rights as aforesaid, or for refusing to do any act n on the ground that it would be inconsistent with such law, such
 * -0r_unde1• color of authority derived from any law providing
 * suit or prosecution may, upon the petition of such defendant,
 * tiled in said State court at any time before the trial or nnal

z hearing of the cause, stating the facts and yerihed by oath, 5 heremoved for. trial into the next district court to be held in the district where it is pendi\ng. Upon the Kling of such n petition all further proceedings in the State courts shall cease, - and shall“not be resumed except as hereinafter provided. ‘ But all bail andvother security given inisuch suit or prosecution ,‘ shall continue in like forge and eioct as if the same had pro- -‘ ceeded to final judgment and execution in the State court. a ·It shall be the duty of the clerk of the State court to furnish r such defendant, petitioning for aiiremovai, copies of said process I against him, and of all pleadings, depositions, testimony, and E other proceedings in the case. _If such copies are fried by lt said petitioner in the district court on the Erst day of its l session, the cause shall proceed therein in the same manner s- as if it had been brought there bytoriginal process; and if the n` Wsaid clerk refnsesor neglec¤ to furnish such copies. the petil tioner may thereupon docket thetcase y in the district court, 1 and the said courtg shall then have jurisdiction therein, and may, upon {proof of such refusal or neglect of. said clerk, and - upon reasonable notice to the plaintiff, require the plainti& to l tile a declaration, petition, orcomplaint in the cause; and, in · case of his defanltjmay order a `nonsnit, and dismiss the · case at the costs of theyplaintitf, and such dismissal shall he { a bar to anyfurther suit touching thematter in controversy, s But if, without such refusal or neglect of_,said`_ clerk to for- 1 nishsuch copies and proof thereof, the petitioner for removal s tails to 'iile copies in the district court; as herein provided, a_ a cer`tificate, under, the·seal* of the district court, stating l such failure, shall he given, and uponrthe production thereof F in said State court the cause shall proceed therein as if no 3 petition for rernowfal hadibeen Bled. (R. -5. 5 641;-Mar. 3, 1911, r ee. 231, sm, so sod. moo.,) _ ” ~ _ _ 1 I ·75. (Judicial Code, section 32.) Same; petitioner in actual i' custody of State c0urt.———lYhen all the acts necessary for the = removal of any suit or proser`formetl, and the defendant petition- 3 ing for suchrcnioval is inactual custodyon process issued by 1 said State court; it shall be the duty .of·the clerk of said é district court to issue a {writ of habeas corpus cum causa, and 1 of the marshal, hyvirtue of said writ, to take the body of — the defendant into his [custody, to he dealt with in said district .  court according to,,l:iw andthe orders of said court, or, in 1 vacation, of an3;jfii<lg‘o thereof; and the marshal shall Hle 1 with or delirer to the elerkof said State court a duplicate copy Y of said writ,. (R. S. § 642; Mor. 3, 1911; c. 231, § 32, 36 Stat. V ,1097.) ., _ v ’— [ " I- 76._‘(Judicial Code, section 33, amended.) ’Same; suits and 1 prosecutions agaiustrevenue o$cers.————Whentamy civil suit or F criminal prosecution is connnenced in any court of a State I against any of‘Hcer_ap;1ol:lte·cl under or acting hy authority of E any revenue law of the United States, or against any person "actingunder or by authority of anysuch otllcer, on account ·· of any act done under color ot his office or of any such law, ··· or on account of any right, title, or authority claimed by `such - ofllcer or other per's on`under any such law, or is commenced 2 against any person holding property or estate by title derived as from any such omcer and affects the validity of any such