When petition court. case in the circuit court, and the said court 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 plaintiff to file a declaration, petition, or complaint in the cause; and, in case of his default, may order a nonsuit and dismiss the case at the costs of the plaintiff, and such dismissal shall be a bar to any further suit touching the matter in controversy. But if, without such refusal or neglect of said clerk to furnish such copies and proof thereof, the petitioner for removal fails to file copies in the circuit court as herein provided, a certificate, under the seal of the circuit court, stating such failure, shall be given, and upon the production thereof in said State court, the cause shall proceed therein as if no petition for a removal had been filed. [See § 1977, CIVIL RIGHTS.] SEC. 642. When all the acts necessary for the removal of any suit or er is in actual prosecution, as provided in the preceding section, have been performed, custody of State and the defendant petitioning for such removal is in actual custody on process issued by said State court, it shall be the duty of the clerk of said circuit court to issue a writ of habeas corpus cum causa, and of the marshal, by virtue of said writ, to take the body of the defendant into his custody, to be dealt with in said circuit court according to law and the orders of said court, or, in vacation, of any judge thereof; and the marshal shall file with or deliver to the clerk of said State court a duplicate copy of said writ. Removal of revenue officers tration laws. SEC. 643. When any civil suit or criminal prosecution is commenced suits and prose- in any court of a State against any officer appointed under or acting by cutions against authority of any revenue law of the United States now or hereafter enand officers act- acted, or against any person acting under or by authority of any such ing under regis- officer, on account of any act done under color of his office or of any such law, or on account of any right, title, or authority claimed by such officer or other person under any such law; or is commenced against any person holding property or estate by title derived from any such officer, and affects the validity of any such revenue law; or is commenced against any officer of the United States, or other person, on account of any act done under the provisions of Title XXVI, “THE ELECTIVE FRANCHISE," or on account of any right, title or authority claimed by such officer or other person under any of the said provisions, the said suit or prosecution may, at any time before the trial or final hearing thereof, be removed for trial into the circuit court next to be holden in the district where the same is pending, upon the petition of such defendant to said circuit court, and in the following manner: Said petition shall set forth the nature of the suit or prosecution, and be verified by affidavit; and, together with a certificate signed by an attorney or counselor at law of some court of record of the State 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 inquired into all the matters set forth in the petition, and that he believes them to be true, shall be presented to the said circuit 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 thereupon be entered on the docket of the circuit 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 commenced in the State court by summons, subpoena, petition, or another process except capias, the clerk of the circuit court shall issue a writ of certiorari to the State court, requiring it to send to the circuit court the record and proceedings in the cause. When it is commenced by capias, or by any other similar form of 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 deputy, or by some person duly authorized thereto, and thereupon it shall be the duty of the State court to stay all further proceedings in the cause, and the suit or prosecution, upon delivery of such process, or leaving the same as aforesaid, shall be held to be removed to the circuit court, and any further proceedings, trial, or judgment therein in the State court shall be void. And if the defendant in the suit or prosecution be in actual custody on mesne process therein, it shall be the duty of the marshal, by virtue of the writ of habeas cor- re Attachments, SEC. 645. In any case where a party is entitled to copies of the record When copies of and proceedings in any suit or prosecution in a State court, to be used records are in any court of the United States, if the clerk of said State court, upon State court. fused by clerk of 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 record and proceedings are needed may, on proof by affidavit that the clerk of said State court has refused or neglected to deliver copies thereof, on demand as aforesaid, direct such record to be supplied by affidavit, or otherwise, as the circumstances of the case may require and allow; and, thereupon, such proceeding, trial, and judgment may be had in the said court of the United States, aud all such processes awarded, as if certified copies of such records and proceedings had been regularly before the said court. SEC. 646. When a suit is removed for trial from a State court to a circuit court, as provided in the foregoing sections, any attachment of the injunctions, and goods or estate of the defendant by the original process shall hold the indemnity bonds same to answer the final judgment, in the same manner as by the laws to remain in force of such State they would have been held to answer final judgment had it been rendered by the court in which the suit was commenced; and any injunction granted before the removal of the cause against the defendant applying for its removal shall continue in force until modified or dissolved by the United States court into which the cause is removed; and any bond of indemnity or other obligation, given by the plaintiff upon the issuing or granting of any attachment, writ of injunction, or other restraining process, against the defendant petitioning for the removal of the cause, shall also continue in full force and may be prosecuted by the defendant and made available for his indemnity in case the attachment, injunction, or other restraining process be set aside or dissolved, or judgment be rendered in his favor, in the same manner, and with the same effect as if such attachment, injunction, or other restraining process had been granted, and such bond had been originally filed or given in such State court. after removal. Removal of suits where par SEC. 647. If, in any action commenced in a State court, where the title of land is concerned, and the parties are citizens of the same State, ties claim land and the matter in dispute, exclusive of costs, exceeds the sum or value under titles from of five hundred dollars, the sum or value being made to appear to the different States. satisfaction of the court, either party, before the trial, states to the court, and makes affidavit, if they require it, that he claims and shall rely upon a right or title to the land under a grant from a State other than that in which the suit is pending, and produces the original grant, or an exemplification of it, except where the loss of public records shall put it out of his power, and moves that the adverse party inform the court whether he claims a right or title to the land under a grant from the State in which the suit is pending, the said adverse party shall give such information, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial; and if he gives information that he does claim under such grant, the party claiming under the grant first mentioned may, on motion, remove the cause for trial into the next circuit court to be holden in the district where such suit is pending. If the party so removing the cause is defendant, the removal shall be made under the regulations governing removals of a cause into such court by an alien; and neither party removing the cause shall be allowed to plead or give evidence of any other title than that stated by him as aforesaid as the ground of his claim. Issues of fact, SEC. 648. The trial of issues of fact in the circuit courts shall be by when to be tried jury, except in cases of equity and of admiralty and maritime jurisdicby a jury. tion, and except as otherwise provided in proceedings in bankruptcy, and by the next section. Issues of fact SEC. 649. Issues of fact in civil cases in any circuit court may be tried tried by the court. and determined by the court, without the intervention of a jury, whenever the parties, or their attorneys of record, file with the clerk a stipulation in writing waiving a jury. The finding of the court upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury. [See § 700, SUPREME COURT.] Division of. SEC. 650. Whenever, in any civil suit or proceeding in a circuit court opinion in civil held by a circuit justice and a circuit judge or a district judge, or by a causes; decision circuit judge and a district judge, there occurs any difference of opinion by presiding between the judges as to any matter or thing to be decided, ruled, or judge. ordered by the court, the opinion of the presiding justice or judge shall prevail, and be considered the opinion of the court for the time being. SEC. 651. Whenever any question occurs on the trial or hearing of any criminal proceeding before a circuit court upon which the judges are divided in opinion, the point upon which they disagree shall, during the same term, upon the request of either party, or of their counsel, be stated under the direction of the judges, and certified, under the seal of the court, to the Supreme Court at their next session; but nothing herein contained shall prevent the cause from proceeding if, in the opinion of the court, further proceedings can be had without prejudice to the merits. Imprisonment shall not be allowed nor punishment inflicted in any case where the judges of such court are divided in opinion upon the question touching the said imprisonment or punishment. [See § 697.] SEC. 652. When a final judgment or decree is entered in any civil suit opinion in civil or proceeding before any circuit court held by a circuit justice and a certifi- circuit judge or a district judge, or by a circuit judge and a district Division of causes; cate. Effect of alter judge, in the trial or hearing whereof any question has occurred upon which the opinions of the judges were opposed, the point upon which they so disagreed shall, during the same term, be stated under the direction of the judges, and certified, and such certificate shall be entered of record. [See § 693, SUPREME COURT.] SEC. 660. No action, suit, proceeding, or process in any circuit court ing terms of cir- shall abate or be rendered invalid by reason of any act changing the time of holding such court; but the same shall be deemed to be returnSee all acts al- able to, pending, and triable in the terms established, next after the cuit courts. tering terms. return day thereof. [Sections 653, 654, 655, and 656 relate to the circuit court of Missouri, and 657 to the circuit court of New York.] SUPREME COURT-ORGANIZATION. Sec. 673. Number of justices. 674. Precedence of the associate justices. 675. Vacancy in the office of Chief Justice. Title 13, Chap. 9. Sec. 676. Salaries. SEC. 673. The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six Number of jus- of whom shall constitute a quorum. tices. Precedence of SEC. 674. The associate justices shall have precedence according to the associate jus- the dates of their commissions, or, when the commissions of two or more tices. of them bear the same date, according to their ages. Vacancy in the office of Chief Justice. Salaries of judges. SEC. 675. In case of a vacancy in the office of Chief Justice, or of his inability to perform the duties and powers of his office, they shall devolve upon the associate justice who is first in precedence, until such disability is removed, or another Chief Justice is appointed and duly qualified. This provision shall apply to every associate justice who succeeds to the office of Chief Justice. SEC. 676. The Chief Justice of the Supreme Court of the United States shall receive the sum of ten thousand five hundred dollars a year, and the justices thereof shall receive the sum of ten thousand dollars a year each, to be paid monthly. Terms. SEC. 684. The Supreme Court shall hold, at the seat of Government, Title 13, Chap.10. one term annually, commencing on the second Monday in October, and such adjourned or special terms as it may find necessary for the dispatch of business; and suits, proceedings, recognizances, and processes pending in or returnable to said court shall be tried, heard, and proceeded with as if the time of holding said sessions had not been hereby altered. SEC. 687. The Supreme Court shall have exclusive jurisdiction of all Title 13, Chap. 11' controversies of a civil nature where a State is a party, except between Original juris a State and its citizens, or between a State and citizens of other States, diction. damus. SEC. 688. The Supreme Court shall have power to issue writs of pro- Writs of prohihibition to the district courts, when proceeding as courts of admiralty bition and manand maritime jurisdiction; and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed under the authority of the United States, or to persons holding office under the authority of the United States, where a State, or an embassador, or other public minister, or a consul or vice-consul is a party. SEC. 689. The trial of issues of fact in the Supreme Court, in all actions at law against citizens of the United States, shall be by jury. SEC. 690. The Supreme Court shall have appellate jurisdiction in the⚫ cases hereinafter specially provided for. Issues of fact. Appellate jurisdiction. Judgments in SEC. 691. All final judgments of any circuit court, or of any district court acting as a circuit court, in civil actions brought there by origi- circuit court, on nal process, or removed there from courts of the several States, and all writ of error. final judgments of any circuit court in civil actions removed there from any district court by appeal or writ of error, where the matter in dispute, exclusive of costs, exceeds the sum or value of two thousand dollars, may be re-examined and reversed or affirmed in the Supreme Court, upon a writ of error. Appeals in SEC. 692. An appeal shall be allowed to the Supreme Court from all final decrees of any circuit court, or of any district court acting as a equity and admicircuit court, in cases of equity, and of admiralty and maritime jurisdic- ralty cases. tion, where the matter in dispute, exclusive of costs, exceeds the sum or value of two thousand dollars, and the Supreme Court is required to receive, hear, and determine such appeals. court on certifi SEC. 693. Any final judgment or decree, in any civil suit or proceed- Review of deing before a circuit court which was held, at the time, by a circuit jus- cisions of circuit tice and a circuit judge or a district judge, or by the circuit judge and cate of division a district judge, wherein the said judges certify as provided by law, that of opinion. their opinions were opposed upon any question which occurred on the trial or hearing of the said suit or proceeding, may be reviewed and affirmed or reversed or modified by the Supreme Court, on writ of error or appeal, according to the nature of the case, and subject to the provisions of law applicable to other writs of error or appeals in regard to bail and supersedeas. [See § 652, p. 146.] Cases pending from middle and SEC. 694. Nothing in the act of March three, eighteen hundred and in Supreme Court seventy-three, relating to the circuit and district courts for the middle northern dis. and northern districts of Alabama, shall affect the jurisdiction of the tricts of Ala- Supreme Court to hear and determine any cause or proceeding pending in said court at the date of said act on writ of error or appeal from the district courts of either of said districts. bama. Appeals in prize causes. SEC. 695. An appeal shall be allowed to the Supreme Court from all final decrees of any district court in prize causes, where the matter in dispute, exclusive of costs, exceeds the sum or value of two thousand dollars; and shall be allowed, without reference to the value of the matter in dispute, on the certificate of the district judge that the adjudication involves a question of general importance. And the Supreme Court shall receive, hear, and determine such appeals and shall always be open for the entry thereof. [See § 1009, PRIZE.] Appeals in SEC. 696. An appeal shall be allowed to the Supreme Court from all prize causes re- final decrees of any circuit court in prize causes depending therein on maining in cir- the thirtieth day of June, eighteen hundred and sixty-four, in the same manner, and subject to the same conditions as appeals in prize causes from the district courts. cuit courts. Points certified cuit court. SEC. 697. When any question occurs on the hearing or trial of any on division of criminal proceeding before a circuit court, upon which the judges are opinion in a cir- divided in opinion, and the point upon which they disagree is certified to the Supreme Court according to law, such point shall be finally decided by the Supreme Court; and its decision and order in the premises shall be remitted to such circuit court, and be there entered of record, and shall have effect according to the nature of the said judgment and order. [See § 651, page 146.] Transcripts on appeals. SEC. 698. Upon the appeal of any cause in equity, or of admiralty and maritime jurisdiction, or of.prize or no prize, a transcript of the record, as directed by law to be made, and copies of the proofs, and of such entries and papers on file as may be necessary on the hearing of the appeal, shall be transmitted to the Supreme Court: Provided, That either the court below or the Supreme Court may order any original document or other evidence to be sent up, in addition to the copy of the record, or in lieu of a copy of a part thereof. And on such appeals no new evidence shall be received in the Supreme Court, except in admiralty and prize causes. [See § 750, page 155.] Writs of error SEC. 699. A writ of error may be allowed to review any final judgand appeals, ment at law, and an appeal shall be allowed from any final decree in without refer equity hereinafter mentioned, without regard to the sum or value in ence to amount. dispute: Patent and First. Any final judgment at law or final decree in equity of any circopyright cases. cuit court, or of any district court acting as a circuit court, or of the supreme court of the District of Columbia, or of any Territory, in any case touching patent-rights or copyrights. Actions for en Second. Any final judgment of a circuit court, or of any district court forcement of any acting as a circuit court, in any civil action brought by the United States for the enforcement of any revenue law thereof. revenue law. Actions against revenue officers. Cases on ac Third. Any final judgment of a circuit court, or of any district court acting as a circuit court, in any civil action against any officer of the revenue for any act done by him in the performance of his official duty, or for the recovery of any money exacted by or paid to him which shall have been paid into the Treasury. Fourth. Any final judgment at law or final decree in equity of any count of depriva- circuit court, or of any district court acting as a circuit court, in any tion of rights of citizens or under case brought on account of the deprivation of any right. privilege, or the Constitution, immunity secured by the Constitution of the United States, or of any right or privilege of a citizen of the United States. Suits for inju- Fifth. Any final judgment of a circuit court, or of any district court ries by conspira acting as a circuit court, in any civil action brought by any person ou tors against civil rights. account of injury to his person or property by any act done in furtherance of any conspiracy mentioned in section nineteen hundred and eighty, Title "CIVIL RIGHTS.” Cases tried by SEC. 700. When an issue of fact in any civil cause in a circuit court is the circuit court tried and determined by the court without the intervention of a jury, acwithout the intervention of a jury. Cording to section six hundred and forty-nine, the rulings of the court in the progress of the trial of the cause, if excepted to at the time, and duly presented by a bill of exceptions, may be reviewed by the Supreme Court upon a writ of error or upon appeal; and when the finding is special the |