Removal of persons denied any etc. 31 May, 1870, c. 114, ss. 16, 18, v. 16, p. 144. 9 April, 1866, c. 31, s. 8, v. 14, p. 27. 3 Mar., 1863, c. 81, s. 5, v. 12, p. 756. 46. quillan, 3 Dill., 379; Terry v. Insurance Company, 3 Dill., 408; Patterson v. Boom Company, 3 Dill, 465; Magee v. Union Pacific R. R. Co., 2 Saw., 447; Bird v. Cockrem, 2 Woods, 32; Lewis v. Smythe, 2 Woods, 117. SEC. 641. When any civil suit or criminal prosecution is commenced causes against in any State court, for any cause whatsoever, against any person who is civil right, denied or cannot enforce in the judicial tribunals of the State, or in the part of the State where such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction of the United States, or against any officer, civil or military, or other person, for any arrest or imprisonment or other trespasses or wrongs, made or committed by virtue of or under color of authority derived from any law providing 11 May, 1866, c. for equal rights as aforesaid, or for refusing to do any act on the ground 80, ss. 3, 5, v. 14, P. that it would be inconsistent with such law, such suit or prosecution Commonwealth may, upon the petition of such defendant, filed in said State court at v. Artman, 3 any time before the trial or final hearing of the cause, stating the facts Hodgson v. Mil- and verified by oath, be removed, for trial, into the next circuit court to ward, 3 Grant, be held in the district where it is pending. Upon the filing of such petiLamar v. Dana, tion all further proceedings in the State courts shall cease, and shall not BB be resumed except as hereinafter provided. But all bail and other secur11. Blatch, 350; ity given in such suit or prosecution shall continue in like force and effect Walker v. Crane, 13 Blatch., 1; Bar as if the same had proceeded to final judgment and execution in the State clay v. Levee Com court. It shall be the duty of the clerk of the State court to furnish such Woods, 254; Texas defendant, petitioning for a removal, copies of said process against him, Gaines. 2 and of all pleading, depositions, testimony, and other proceedings in Grant, 436. 418. Britton v. Butler, missioners, 1 Woods, 342. When petitioner is in actual custo 5 Feb., 1867, c. 3 Mar., 1863, c. the case. If such copies are filed by said petitioner in the circuit court on the first day of its session, the cause shall proceed therein in the same manner as if it had been brought there by original process; and if the said clerk refuses or neglects to furnish such copies, the petitioner may thereupon docket the 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 $ 1971.] SEC. 642. When all the acts necessary for the removal of any suit or dy of State court. prosecution, as provided in the preceding section, have been performed, and the defendant petitioning for such removal is in actual custody on 27, v. 14, p. 385. process issued by said State court, it shall be the duty of the clerk of 81, s. 5, v. 12, p. 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. 756. 11 May, 1866, c. 80, s. 3, 5, v. 14, P. 46. 9 Apr., 1866, c. 31, s. 3, v. 14, p. 27. and prosecutions officers and offi Removal of suits SEC. 643. When any civil suit or criminal prosecution is commenced against revenue in any court of a State against any officer appointed under or acting by cers acting under authority of any revenue law of the United States now or hereafter registration laws. enacted, or against any person acting under or by authority of any such 2 Mar., 1833, c. officer, on account of any act done under color of his office or of any 57, s. 3, v. 4, P. such law, or on account of any right, title, or authority claimed by such 13 July, 1866, c. 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, 633. 184, s. 67, v. 14, p. 171. 438. 130, s. 8, v. 18, p. Matthews, 2 Van Zandt v. ches v. Schell, 4 Warner v. Fow V. Cisco, 5 Blatch. C. Blatch., 147; Sa lem and Lewell R. R. v. Boston 21 Law Rep., 210 1 Woods, 620. and affects the validity of any such revenue law; or is commenced 28 Feb., 1871, c. against any officer of the United States, or other person, on account of 29, s. 16, v. 16, p. any act done under the provisions of Title XXVI, “THE ELECTIVE 3 Mar., 1875, c. FRANCHISE," or on account of any right, title, or authority claimed by 401 such officer or other person under any of the said provisions, the said Coggins v. Lawsuit or prosecution may, at any time before the trial or final hearing there- rence, 2 Blatch, C. of, be removed for trial into the circuit court next to be holden in the C, 34; Wood v. district where the same is pending, upon the petition of such defendant Blatch. C. C., 370; to said circuit court, and in the following manner: Said petition shall set Maxwell,2Blatch. forth the nature of the suit or prosecution, and be verified by affidavit; C. C., 421; Abranand, together with a certificate signed by an attorney or counselor at law Blatch. C. C., 256; of some court of record of the State where such suit or prosecution is com- 4 Blatch. C. C. menced, or of the United States, stating that, as counsel for the peti- 311; Victor tioner, he has examined the proceedings against him, and carefully C., 128; Benchley inquired into all the matters set forth in the petition, and that he believes Gilbert, 8 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 or mesne process therein, it shall be the duty of the marshal, by virtue of the writ of habeas corpus cum causa, to take the body of the defendant into his custody, to be dealt with in the cause according to law and the order of the circuit court, or, in vacation, of any judge thereof; and if, upon the removal of such suit or prosecution, it is made to appear to the circuit court that no copy of the record and proceedings therein in the State court can be obtained, the circuit court may allow and require the plaintiff to proceed de novo, and to file a declaration of his cause of action, and the parties may thereupon proceed as in actions originally brought in said circuit court. On failure of the plaintiff so to proceed, judgment of non prosequitur may be rendered against him, with costs for the defendant. Removal of suits ticular case. 30 Mar., 1872, c. 72, v 17, p. 41. 3 Mar., 1873, c. 137, s. 2, v. 18, p. SEC. 644. Whenever a personal action has been or shall be brought in any State court by an alien against any citizen of a State who is, or at by aliens in a parthe time the alleged action accrued was, a civil officer of the United States, being a non-resident of that State wherein jurisdiction is obtained by the State court, by personal service of process, such action may be removed into the circuit court of the United 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 brought in a State court by the provisions of the preceding section. SEC. 645. In any case where a party is entitled to copies of the record and proceedings in any suit or prosecution in a State court, to be used 471. When copies of records are re fused by clerk of state court. 2 Mar., 1833, c. 634. 28 Feb., 1871, c. in any court of the United States, if the clerk of said 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 57, s. 4, v. 4, p. 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 99, s. 17, v. 16, p. 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, and all such processes awarded, as if certified copies of such records and proceedings had been regularly before the said court. 439. Attachments, injunctions, and in demnity bonds to in force remain 24 Sept., 1789, c. 20, s. 12, v. 1, p. 79. 255, s. 2, v. 15, p. 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 goods or estate of the defendant by the original process shall hold the same to answer the final judgment, in the same manner as by the laws 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 27 July, 1865, c. 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 3 Mar., 1863, c. other restraining process, against the defendant petitioning for the 81, s. 5, v. 12, P. removal of the cause, shall also continue in full force and may be prose11 May, 1866, c. cuted 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. 227. 9 April, 1866, c. 31, s. 8, v. 14, p. 27. 756. 80, ss. 3, 5, v. 14, p. 46. 5 Feb., 1867, c. 27, v. 14, p. 385. 2 Mar., 1833, c. 13 July, 1866, c. 184, s. 67, v. 14, p. 57, s 3, v. 4, p. 633. 171. 28 Feb., 1871, c. 99, s. 16, v. 16, pp. 438, 439.-Lamar v. Dana, 10 Blatch., 34. claim land under ent states. 24 Sept., 1789, c. 3 Mar, 1789, c. 20, s. 12, v. 1, p. 79. 137, ss. 2, 3, v. 18, p. 471. Town of Paw 292. Removal of suits SEC. 647. If, in any action commenced in a State court, where the where parties title of land is concerned, and the parties are citizens of the same State, titles from differ and the matter in dispute, exclusive of costs, exceeds the sum or value of five hundred dollars, the sum or value being made to appear to the 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 exemlet v. Clark, 9 Cr., plification 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. |