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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 examine 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, subpæna, petition, or any other process except cupias, 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 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. (Rev. Stats. sec. 643; 4 U. S. Stats. 633; 14 id. 171; 16 id. 438.) This section not affected by 25 U. S. Stats. 433.
$ 53. Removal of suits by aliens in a particular case.“ -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 the 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. (Rev. Stats. sec. 644; 7 U. S. Stats. 44.)
§ 54. When copies of records are refused by clerk of State court.-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 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 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, and all such processes awarded, as if certified copies of such records and proceedings had been regularly before the said court. (Rev. Stats. sec. 645; 4 U. S. Stats. 634; 16 id. 439.)
Note.—The act of March 3, 1875, consolidated and re. pealed all previous general acts. (Osgood v. C. D. & V. R. Co., 6 Biss. 330.)
§ 55. Attachments, injunctions, and indemnity bonds to remain in force after removal.—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 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. (Rev. Stats. sec. 646; 1 U. S. Stats. 79; 14 id. 306; 14 id. 558; 15 id. 227; 14 id. 27; 12 id. 756; 14 id. 46; 14 id. 385; 14 id. 633; 14 id. 171; 16 id. 438, 439.)
§ 56. Removal of suits where parties claim land under titles from different States.—(Rev. Stats. sec. 647; 1 U. S. Stats. 79.)
Note.- This section was repealed and consolidated with section 3 of the Removal Act of March 3, 1875. (Osgood v. C. D. & V. R. Co., 6 Biss. 330.)
Comparison of Removal Acts of March 3, 1875,
and March 3, 1887. [The provisions of the Act of March 3, 1875, and those of the Act of March 3, 1887 (as corrected August 13, 1888, 25 Ú. S. Stats. 443), are shown below in parallel columns, those parts of sections 1, 2 and 3 of the former act which do not appear in the latter act and those parts of the latter act amending sections 1, 2 and 3 of the former act, which do not appear in the former act, being in italic.] 1875.