provided and herewith offer their bond executed by of as surety in the penal sum of two thousand dollars, conditioned as by said acts of Congress required.

Your petitioners therefore pray that the said bond may be accepted as good and sufficient, according to the said Act of Congress, and that the said suit may be removed into the next circuit court of the United States in and for the District of California, pursuant to the Acts of Congress in such case made and provided, and that no further proceedings may be had therein, in this court; and your petitioners will ever pray, etc.

MCALLISTERS & BERGIN,

Atty's and Solicitors for Petitioners.

STATE OF CALIFORNIA,

CITY AND COUNTY OF SAN FRANCISCO.

}

SS.

John W. Mackay, being duly sworn, says that the facts stated in the foregoing petition are true.

J. MACKAY.

Subscribed and sworn to before me, this 10th day of May, 1879. [SEAL.]

HOLLAND SMITH, Notary Public.

Another petition (under Rev. Stats. sec. 639, second subd.) was filed in this case by two of the foregoing defendants who were non-residents, differing from the above petition only in the following phrases:

Your petitioners, John W. Mackay and James G. Fair, respectfully show that they are two of the defendants in the above-entitled action.

And each of your petitioners was then and still is a citizen and resident of the State of Nevada.

That the defendant James C. Flood and your petitioners were formerly directors.

Your petitioners further aver that the said suit is one in which there can be a final determination of the contro

versy, so far as concerns both and each of your petitioners, without the presence, etc.

Your petitioners further aver that the controversy in said court, so far as it respects your petitioners, is wholly between citizens of different States, and can be fully determined as between them. Your petitioners desire to remove the said suit, in so far as concerns both and each of them, into the circuit court.

BOND.

Know all men by these presents, that we, John W. Mackay as principal, and Cornelius O'Connor, of the city of San Francisco, as surety, are hereby held and firmly bound unto John H. Burke, in the penal sum of two thousand ($2,000) dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves jointly and severally firmly by these presents.

The condition of this obligation is such that if the defendants hereinafter named shall enter and file or cause to be entered and filed in the next circuit court of the United States in and for the District of California, on the first day of its session, copies of all process, pleadings, depositions, testimony, and other proceedings in a certain suit or action now pending in the District Court of the Twelfth Judicial District in and for the city and county of San Francisco, State of California, in which John H. Burke is plaintiff, and James C. Flood, John W. Mackay, James G. Fair, Pacific Wood, Lumber, and Flume Company, and the Consolidated Virginia Mining Company are defendants; and shall do such other appropriate acts as by the Acts of Congress in that behalf are required to be done upon the removal of such suit from said State court into the said United States court-then this obligation to be void; otherwise of force.

Dated May 10th. 1879.

J. MACKAY,

C. O'CONNOR.

STATE OF CALIFORNIA,

CITY AND COUNTY OF SAN FRANCISCO.

I, Cornelius O'Connor, of said county, the surety named in the foregoing bond, being duly sworn, do depose and say that I am a resident of the State of California, and a property holder therein, and am worth the sum of four thousand dollars over and above my just debts and liabilities, and exclusive of property by law exempt from execution, and that I have property in the State of California liable to execution of the value of more than four thousand dollars.

C. O'CONNOR.

Subscribed and sworn to before me this 10th day of May, 1879.

[SEAL.]

HOLLAND SMITH,

Notary Public.

ORDER TRANSFERRING CAUSE.

In the District Court of the Seventeenth Judicial District of the State of California in and for the City and County of San Francisco.

JOHN H. BURKE, Plaintiff, vs. JAMES C. FLOOD, JOHN W. MACKAY, JAMES G. FAIR, PACIFIC WOOD, LUMBER, AND FLUME COMPANY, and CONSOLIDATED VIRGINIA MINING COMPANY, Defendants.

A petition having been filed by all the defendants in this cause on the 12th day of May, 1879, praying for the removal thereof into the circuit court of the United States, Ninth Circuit, in and for the District of California, pursuant to the statutes of the United States in such cases made and provided, and the said petitioner having also made and filed with said petition a bond, with good and sufficient surety, for their entering in said circuit court on the first day of its then next session, a copy of the record in this suit, and for paying all costs that may be awarded by the said circuit court, if said circuit court shall hold that their suit was wrongfully or improperly removed

thereby. Now, on motion of McAllister & Bergin, attorneys for all the defendants herein, it is hereby ordered that this court accepts the said bond and surety offered by the petitioner (the defendants), and that this cause be wholly removed and transferred for trial, or further or other proceedings, into the said circuit court of the United States, Ninth Circuit, in and for the District of California. Dated June 2nd, 1879.

S. B. MCKEE,

District Judge of the Third Judicial District of the State of California, and acting Judge of the District Court of the Twelfth Judicial District of the State of California, in and for the city and county of San Francisco.

NOTICE.

In the Circuit Court of the United States for the District of California, Ninth Circuit.

JOHN H. BURKE, Complainant, vs. JAMES C. FLOOD, JOHN W. MACKAY, JAMES G. FAIR, PACIFIC MILL AND MINING COMPANY, and CONSOLIDATED VIRGINIA MINING COMPANY, Defendants. No. 2,145.

Please take notice that on 29th day of July, 1879, the plaintiff will move the court, at the opening thereof on that day, or as soon thereafter as counsel can be heard, to remand said cause to the Twelfth District Court, from whence it came, on the ground that the said circuit court has no jurisdiction in the action, neither of the subjectmatter thereof, nor of the defendants therein, nor of any of them.

Said motion will be based on the papers on file in the

cause.

July 24th, 1879.

S. W. HOLLIDAY,
JOHN TREHANE,

Attorneys for Plaintiff.

TO MESSRS. MCALLISTER & BERGIN, Defendants' Attor

neys.

ORDER REMANDING CAUSE.

JOHN H. BURKE ET AL. vs. JAMES C. FLOOD ET AL. No. 2,144.

This cause, coming on this day for further argument upon the motion to remand this cause to the district court of the Twelfth Judicial District, S. W. Holliday, Esq., appearing on behalf of said motion and complainants, and Curtis J. Hillyer, Esq., on behalf of the defendants and against said motion, was argued and submitted to the court for consideration and decision; and the same having been duly considered, it is ordered that said motion be and the same hereby is granted, and the cause is hereby remanded to the Superior Court of the city and county of San Francisco. On motion of Hall McAllister, Esq., on behalf of defendants, it is ordered that a stay of proceedings herein be granted for the period of twenty-four hours.

Jan. 14th, 1880.

CUMMINGS vs. ANDERSON.

[Resident vs. Non-resident.]

PETITION AND ORDER REMOVING CAUSE. In the Superior Court of the City and County of San Fran cisco, State of California, Department 6.

DANIEL CUMMINGS, Plaintiff, vs. JOHN ANDERSON, Defendant. No. 5,022.

The petition of John Anderson, the above-named defendant, shows to the court as follows:

That the above suit was begun against your petitioner John Anderson, in the Superior Court of the city and county of San Francisco, State of California, by the filing of a complaint and the service of a summons and copy of the complaint therein, on the 26th day of August, 1881.