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4 Hyde v. Ruble, 104 U.S. 407; King v. Cornell, 106 U. S. 398; Ayers v. Watson, 113 U.S. 594; Baltimore & U. R. R. Co. v. Bates, 119 U. S. 404.
5 Cambria Co. v. Ashburn, 118 U. S., afig. Jefferson v. Davis, 117 U. S. 272.
Removal for prejudice or local influence.When a suit is hetween a citizen of the State in which it is brought and a citizen of another State, it may be so removed on the petition of the latter, whether he be plaintiff or defendant, filed at any time before the trial or final hearing of the suit, if before or at the time of filing said petition, he makes and files in said State cuurt an affidavit stating that he has reason to believe, and does believe, that, from prejudice or local influence, he will not be able to obtain justice in such State court. (Sub-section 3 of Rev. Stats. sec. 639.)
Note.-The Act of 1867 is constitutional, and is not repealed by the Act of March 3, 1875.2 It is not expressly repealed.3. The policy of the act conforms with that in regard to the change of venue from one county or district to another; 4 the object being to secure an impartial tribunal. 5
1 Chicago & N. W. R. R. Co. v. Whitton, 13 Wall. 270.
2 Amer. Bible Society v. Grove, 101 U. S. 610; Board v. Kansas Pac. R R. Co., 4 Dill. 277; Dennis v. Alachua, 3 Woods, 683; Farmers' L. & T. Co. v. Chicago P. & S. R. R. Co., 12 Ch. L. N. 65; New Jersey Zinc Co. v. Trotter, 23 Int. Rev. Rec. 410; Barber v. St. Louis, K, C. & N. R. R. Co., 43 Iowa, 223; Wickham v. Wickham, 27 N. Y. Supr. 239; Wormser v. Dahlman, 16 Blatchf. 317. Contra, Burdick v. Hale, 7 Biss. 96.
3 Whitehouse v. Continental Ins. Co., 37 Leg. Int. 225; S. C 2 Fed. Rep. 498; Hess v. Reynolds, 113 U S. 73; Bible Society v. Grove, 101 U.S. 610; Pullman Co. v. Specs, 113 U. S. &4; Railroad Co. v. Bates, supra.
4 Johnson v. Monell, 1 Woolw. 390.
§ 48. Proceedings for removal of cause. -In order to such removal, the petitioner in the cases aforesaid must, at the time of filing his petition therefor, offer in said State court good and sufficient surety for his entering in such cir
cuit court, on the first day of its session, copies of said process against him, and of all p!eadings, depositions, testimony, and other proceedings in the cause, or in said cases where a citizen of the State in which the suit is brought is a defendant, copies of all process, pleadings, depositions, testimony, and other proceedings in the cause concerning or affecting the petitioner, and also for his there appearing and entering special bail in the cause, if special bail was originally requisite
, therein. It shall thereupon be the duty of the State court to accept the surety and to proceed no farther in the cause against the petitioner, and any bail that may have been originally taken shall be discharged. (Sub-section third of Rev. Stats. sec. 639, cl. 2.)
When the said copies are entered as aforesaid in the circuit court, the cause shall there proceed in the same manner as if it had been brought there by original process, and the copies of pleadings shall have the same force and effect, in every respect and for every purpose, as the original pleadings would have had by the laws and practice of the courts of such State if the cause had remained in the State court. (Sub-section third of Rev. Stats. sec. 739, c. 3; 1 U. S. Stats. 79; 14 id. 558.)
$ 49. Removal of suits against corpo. rations organized under a law of United States.-(Rev. Stats. sec. 640; repealed 25 U. S. Stats. 433, sec. 6.)
§ 50. Removal of causes against per: sons denied any civil rights, etc.— When any civil suit or criminal prosecution is commenced
in any State court, for any cause whatsoever, against any person who is 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 equa! 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 for equal rights as aforesaid, or for refusing to do any act on the ground that it would be inconsistent with such law, such suit or prosecution
may, upon the petition of such defendant, filed in said State court at any time before the trial or final hearing of the cause, stating the facts and verified by oath, be removed for trial into the next circuit court to be held in the district where it is pending. Upon the filing of such petition all further proceedings in the State courts shall cease, and shall not be resumed except as hereinafter provided. But all bail and other security given in 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. It shall be the duty of the clerk of the State court to furnish such defendant petitioning for a removal copies of said process against him, and of all pleading, depositions, testimony and other proceedings in 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 cost 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 said 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. (Rev. Stats. § 641; 16 U. S. Stats. 144; 14 id. 27; 12 id. 756; 14 id. 46.) This section not affected by 25 U. S. Stats. 433.
§ 51. When petitioner is in actual custody of State court. -When all the acts necessary for the removal of any suit or prosecution, as provided in the preceding section, have been performed, 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. (Rev. Stats. § 642; 14 U. S. Stats. 385; 12 id. 756; 14 id. 46; 14 id. 27.) This section not affected by 25 Rev. Stats. 433.
$ 52. Removal of suits and prosecutions against revenue officers and offi. cers acting under registration laws.When any civil suit or criminal prosecution is commenced in any court of a State against any officer appointed under or acting by authority of any revenue law of the United States now or hereafter enacted, or against any person acting under or by anthority of any such 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,