Page:United States Statutes at Large Volume 14.djvu/337

THIRTY—NINTH CONGRESS. Sess. I. Ch. 288, 289. 1866. 307 in which there can be a iinal determination of the controversy, so far removed by the as it concerns him, without the presence of the other defendants as par- Eff)" Q§;°gg£‘;§_ ties in the cause, then and in every such case the alien defendant, or the ,,,,, {,1,., is ,_ defendant who is a citizen of a State other than that in which the suit is citizen of such brought, may, at any time before the trial or tinal hearing of the cause, Q,';g°;,£m,°g;°m file a petition for the removal of the cause as against him into the of the United next circuit court of the United States to be held in the district where $**1;***- an the suit is pending, and oder good and and sufficient surety for his enter- ,-0,. ing in such court, on the first day of its session, copies of said process against him, and of all pleadings, depositions, testimony, and other proceedings in said cause affecting or concerning him, and also for his there appearing and entering special bail in the cause, if special bail was originally requisite therein; and it shall be thereupon the duty of the r§•£·gg*;%“'t’° State court to accept the surety and proceed no further in the cause Funhcr ag,,,,,, as against the defendant so applying for its removal; and any bail that snch defendants. may have been originally taken shall he discharged, and the said copies being entered as aforesaid in such court of the United States, the cause shall there proceed in the same manner as if it had been brought there by original process against the defendant who shall have so filed a petition for its removal as above provided. And any attachment of the goods or Attachments. estate of the defendant by the original process shall hold the goods or estate so attached to answer the final judgment, in the same manner as by the laws of such State they would have been holden to answer Hnal judgment had it been rendered by the court in which the suit commenced; and any injunction granted before the removal of the cause I¤j¤¤¤ti¤¤•· against the defendant applying for its removal shall continue in force until modined or dissolved by the United States court into which the cause shall be removed; and any bond of indemnity or other obligation given d BME? °*&:· by the plaintid upon the issuing or granting of any attachment, writ °mmy’ ’ 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 force and effect as if such injunction, attachment, or restraining process had been granted, and such bond had been originally tiled or given in the court to which the cause is removed. And such P1¤l¤tiffm¤y removal of the cause, as against the defendant petitioning therefor, into f=’;f1‘;:$§°“°° the United States court, shall not be deemed to prejudice or take away the other defendright of the plaintiff to proceed at the same time with the suit in the ”·¤'**· State court as against the other defendants, if he shall desire to do so. And the copies of all pleadings Bled or entered as aforesaid in the United Copies of States court by the defendant applying for the removal of the cause, shall Bgxiggfgazfmt have the same force and effect in every respect and for every purpose as as opigmn. 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. Approved, July 27, 1866. CHAP. CCLXXXIX.—An Ac: authwia;3 the Reimbwsement to the Tommy of No- July 27, issc. bruska of certain Expenses inmm in repelling Indian Hostilit[i]es. _;; Bo it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, Oleims of and he is hereby, instructed to examine, adjust, and allow the expendi- £3’;::;‘:if;’;np_ tures and liabilities of the Territory of Nebraska, made and incurred in pi-ossion ofI¤— the year eighteen hundred and sixty-four, for the pay, equipment, and gg'-: h°°*m’2i°8d maintenance of territorial troops in the suppression of Indian hostilities ,u°:,,°i°;`,iji° ’ and protection of the lives and property of citizens of the United States paid. exposed to the attacks of the confederated tribes; and the amount so al-