« ПретходнаНастави »
versy may remove said said suit into the circuit
And where a suit is [See section 639, subdi
now pending, or may be vision third of the Revised Statutes of the United hereafter brought, in States. ]
State court, in Sec. 2. Act of March which there is a contro3, 1875.
versy between a citizen of
remove said cause; provided, that if it further appear that said suit can be fully and justly determined as
to the other defendants in the State court, without being affected by such prejudice or local influence, and that no party to the suit will be prejudiced by a separation of the parties, said circuit court may direct the suit to be remanded, so far as relates to such other defendants, to the State court, to be proceeded with therein. time before the trial of any suit which is now pending in any circuit court, or may hereafter be entered therein, and which has been removed to said court from a State court on the affidavit of any party plaintiff that he haā reason to believe and did believe that, from prejudice or local influence, he was unable to obtain justice in said State court, the
circuit court shall on application of the other party, examine into the truth of said affidavit and the grounds thereof, and unless it shall appear to the satisfaction of said court that said party will not be able to obtain justice in such State court, it shall cause the same to
be remanded thereto. [See the last paragraph of Whenever any cause shall Section 5 of the Act of be removed from any March 3, 1875, ch. 137, 18 Stats. 472.]
State court into any circuit court of the United States, and the circuit court shall decide that the cause was improperly removed, and order the same to be remanded to the State court from whence it came, such remand shall be immediately carried into execu
tion, and no appeal or Note.-This section is
writ of error from the jurisdictional and its conditions are indispensable.
decision of the circuit (Ayers v. Watson, 113 U. S. court so remanding such 594.)
cause shall be allowed."
That section three of said act be, and the same
is hereby amended so as to read as follows:
§ 59. That whenever 6. SEC. 3. That wheneither party, or any one
ever any party entitled or more of the plaintiffs to remove any suit menor defendants entitled to tioned in the next preremove any suit men- ceding section, except in tioned in the next preced- such cases as are proing section, shall desire vided for in the last to remove such a suit clause of said section, from a State court to may desire to remove the circuit court of the such suit from a State United States, he or they court to the circuit court may make and file a peti- of the United States, he tion in such suit in such may make and file a peState court before or at tition in such suit in the term at which said such state court at the cause could be first tried time, or any time before and before the trial the defendant is required thereof,
by the laws of the State or the rule of the State court in which said suit is brought to answer or plead to the declaration or complaint of the
plaintiff, for the removal of such for the removal of such suit into the circuit court suit into the circuit to be held in the district court to be held in the where such suit is pend- district where such suit ing, and shall make and is pending, and shall file therewith a bond, make and file therewith with good and sufficient a bond, with good and
surety, for his or their sufficient surety, for his entering in such circuit or their entering in such court on the first day of circuit court, on the first its then next session, a day of its then next sescopy of the record in sion, a copy of the record such suit, and for paying in such suit, and for payall costs that may be ing all costs that may
be awarded by the said cir- awarded by the said circuit court, if said court cuit court, if said court shall hold that such suit shall hold that such suit was wrongfully or im- was wrongfully or improperly removed there properly removed thereto, and also for there to, and also for their appearing and entering appearing and entering special bail in such suit, special bail in such suits if special bail was ori- if special bail was originally requisite herein, ginally requisite therein. it shall then be the duty It shall then be the duty of the State court to ac- of the State court to accept said petition and cept said petition and bond, and proceed no bond, and proceed no further in such suit, and further in such suit; any bail that
have been originally taken shall be discharged; and the said copy being and the said copy being entered as aforesaid in entered as aforesaid in said circuit court of the said circuit court of the United States, the cause United States, the cause shall then proceed in shall then proceed in the same manner as if the same manner as if it had been originally it had been originally commenced in the said commenced in the said circuit court; and if in circuit court; and if in