Page:United States Statutes at Large Volume 62 Part 1.djvu/969

 62 STAT.] 80rT CONG. , 2D SESS.-CH. 646-JUNE 25, 1948 § 1445. Carriers; non-removable actions (a) A civil action in any State court against a railroad or its receivers or trustees, arising under sections 51-60 of Title 45, may not be removed to any district court of the United States. (b) A civil action in any State court against a common carrier or its receivers or trustees to recover damages for delay, loss, or injury of shipments, arising under section 20 of Title 49, may not be removed to any district court of the United States unless the matter in con- troversy exceeds $3,000, exclusive of interest and costs. § 1446. Procedure for removal (a) A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such action is pending a verified petition containing a short and plain statement of the facts which entitle him or them to removal together with a copy of all process, pleadings and orders served upon him or them in such action. (b) The petition for removal of a civil action or proceeding may be filed within twenty days after commencement of the action or service of process, whichever is later. (c) The petition for removal of a criminal prosecution may be filed at any time before trial. (d) Each petition for removal of a civil action or proceeding, except a petition in behalf of the United States, shall be accompanied by a bond with good and sufficient surety conditioned that the defend- ant or defendants will pay all costs and disbursements incurred by reason of the removal proceedings should it be determined that the case was not removable or was improperly removed. (e) Upon the filing of such petition and bond the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the petition with the clerk of such State court, which shall effect the removal and the State court shall proceed no further therein unless the case is remanded. (f) If the defendant or defendants are in actual custody on process issued by the State court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into his custody and deliver a copy of the writ to the clerk of such State court. § 1447. Procedure after removal generally (a) In any case removed from a State court, the district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State court or other- wise. (b) It may require the petitioner to file with its clerk copies of all records and proceedings in such State court or may cause the same to be brought before it by writ of certiorari issued to such State court. (c) It may order the pleadings recast and the parties realigned ac- cording to their real interest. (d) If any party fails to comply with its lawful orders, the dis- trict court may enter such further orders and judgments as justice requires. (e) If at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the district court shall remand the case. A certified copy of the order of remand shall be mailed by its clerk to the clerk of the State court. The State court may thereupon proceed with such case. 939 Post, p. 98. Ante, p. 295. Time for iling pe- tition. Bond.

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