Page:United States Statutes at Large Volume 16.djvu/473

FORTY-FIRST CONGRESS. Sess. III. C11. 99. 1871. 439 prosecution, civil or criminal, shall be commenced in n court of any State S S“l“· against any officer of the United States, or other person, for or on account ,;::°dg;: ,,,4,, of any act done underthe provisions of this act, or under color thereof, this act,|:o hereor for or on account of any right, authority, or title set up or claimed by “;°`;_t°du°‘;:l'°“it such officer or other person under any of said provisions, it shall be lnw- snilou, P po. ful for the defendant in such suit or prosecution, at any time before trial, upon a petition to the circuit court of the United States in and for the district in which the defendant shall have been served with process, setting forth the nature of said suit or prosecution, and verifying the said Mode cfpmpetition by aflidavit, together with a certificate si ned by an attorney or °°d“'°' counsellor at law of some court of record of the gtate in which such suit shall have been commenced, or of the United States, setting forth that as counsel for the petition[er] he has examined the proceedings against him, and has earefully inquired into all the matters set forth in the petition, and that he believes the same to be true, which petition, ailidavit, and certificate shall be presented to the said circuit court, if in session, and, if not, to the clerk thereof at his oHicc, and shall be filed in said office, and the cause shall thereupon be entered on the docket of said court, and shall be thereafter proceeded in as a. cause originally commenced in that court; and it shall be the duty of the clerk of said court, if the suit was corn- Qlerk of court menced in the court below by summons, to issue a writ of certiorari to fg Q55g25g1g_ the State court, requiring said court to send to the said circuit court the record and proceedings in said cause; or if it was commenced by capias, he shall issue a writ of habeas corpus cum causa, a duplicate of which said writ 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 some nerqonduly authorized thereto; and thereupon it shall be the duty of the said State S Proceedings in court to stay all further proceedings in such cause, and the said suit or c;:;g_°°u'° °° prosecution, upon delivery ol`·such process, or leaving the same as aforesaid, shall be deemed and taken to be moved to the said circuit court, and any further proceedings, trial, or judgment therein in the State court shall be wholly null and void; and any person, whether an attorney or Penngty feigr officer of any State court, or otherwise, who shall thereafter Itake any é‘;§t°“" steps, or in any manner proceed in the State court in any action sore- courts. moved, shall be guilty of C1 misdemeanor, and liable to trial and punishment in the court to which the action shall have been removed, and upon conviction thereof shall be punished by imprisonment for not less than six months nor more than one year, or by fine not less than five. hundred nor more than one thousand dollars, or by both such fine and 1mpr1sonment, and shall in addition thereto be amenable to the said court to which _ said action shall have been removed as for a contempt; and if the de- in Eggggdtggw fendant in any such suit be in actual custody on mesne process therein, nt uw.sha1m’wk° shall be the duty of the marshal, by virtue of the writ of habeas corpus him. cum causa, to take the body of the defendant into his custody, to be dealt with in the said cause according to the rules of law and the order of the circuit court, or of any judge thereof in vacation. And all attachments buglttssrchmonts, made and all bail or other security given upon such suit or prosecution ‘» °· shall be and continue in like force and efect as if the same suit or prosecution had proceeded to final judgment and execution m the State court. And if upon the removal of any such suit or prosecution at shall be made sli cinto appear to the said circuit court that no copy of the record and pro- not be obtained, ceedings therein in the State court can be obtained, 1t shall be lawthl for :hmnlrnayé>mu said circuit court to allow and require the plaintiff to proceed de novo, beg; wwgw and to Hle a declaration of his cause of action, and the parties may thereupon proceed as in actione originally brought m said circuit court; and or be defmw on failure of so proceeding Judgment of non prosequitur may be rendered od. against the plaintifli with costs for the defendant. _ _ Sm. 17. And be it further enacted, ’1lhat m any case m which any party is or may be by law entitled to copies of the record and prcoee -