Page:United States Statutes at Large Volume 18 Part 1.djvu/187

Trru: xm.——THE JUDICIARY.—Ch. 7. 115 v. Gillett, 1 Dill. C. C., 308; Hatch v. Railroad, 6 Blntch. G. C., 105; Bixb v. Couse, 8 Blatch. C. C., 73; Field v. Larmsdnle, 1 Deady, 288; Dart v. McKinney, 9 histch., 359; Akeriy v. Vilas, 1 Abb. C. C., 284; Fields v. Lamb, 1 Demdy, 430; Qands v. Smith, 1 Dillon, 290; ohnson rv. Monell, 1 Wool. C. C., 390; Casev. Douglas, 1 Dillon, 299; Boggsv. Willard, 16 Int. Rev. Rec., 22; Insurance Compu: v. Dunn, 19 Wall., 214; Stevenson v. Willisms, 19 Wall., 572; Knapp v. Railroad, 20 Whll., 117; Gardner v. Brown, 21 Wall., 36; Vmuevsr v. Bryant, 21 Wall., 41; Gaines v. Fuentes et ai., 92 U. S. 10; Hurst v. Western and Atlantic R. R. Co., 93 U. S., 71; Kimball v. Evans, 93 U. S., 320; Lowe v. Williams, 94 U. S., 650; Merchants' National Bank v. Wheeler, 13 Biatch., 218; Warner v. Pennsylvania R. R. C0., 13 Blutch., 231; Broadway v. Eisner, 13 Blatch., 366; Petterson v. Cha mm, 13 Blutch., 395; Allen v. Ryerson, 2 Dill., 501; W mer 1-. Cheek, 2 Dill., McGinnity v. White, 3 Dill., 350; Kellogg v. Hughes, 3 lgiii, 357‘ Millett 1:. Milwaukee R. R. Co., 3 Dill., 461; Wheeler r. Bates, 6 Bias., 88; Warren v. Wisconsin R. R, Oo., 6 Biss., 425; Chicago v. Gage, 6 Biss., 467; Scott v. C. 6: S. R. R. Co., 6 Biss., 529; Gardner v. Brown, 21 Wall., 36; Vunnevar v. Bryant, 21 Wall., 41. Sec. 640. Any suit commenced in any court other than u circuit or Removulof suits district court of the United States against any co ration other than a “E€*·“"“ 9°’P°"*‘ banking corporation, organized under a. law of rtihre United States, or 3§:;&?&1§gf;j against any member thereof as such member for any alleged liability of sum, such corporation, or of such member as a member thereof, may be ——;-—- removed, for trial. in the circuit court for the district where such suit is 27 Juyy, 1g6g_ c_ pending, upon the petition of such defendant, verified by oath, stating 265,¤.2,v.15,p. 227. that such efendunt has s defense arising under or by virtue of the 27 J“lY» 186*% °· Constitution or of any treaty or law of the L nited States. Such removal, 288’ s'l’v‘14’p‘306‘ in all other respects. shali be governed by the provisions of the preceding Fisk v_ Union IY section. R.R.,s1-m ., I Jones r. Oceanic Steam Navigation Company, 11 Blatch, 406; Turton v. Unioridllaggic R. R. Co., 3 Dill., 366; Farmers' Loan Company v. Maquillan, 3 Dill., 379; Terry v. Insurance Company, 3 Dill., 408; Patterson r. Boom Company, 3 Dill., 465; Magee rv. Union Pacific R. R. Co., 2 Saw., 447; Bird 1-. (`ockrem, 2 Woods, 32; Lewis 1*. Smythe, 2 Woods, 117. Sm. 641. When any civil suit or criminal prosecution is commenced Remvvul of in any State court, for any cause whatsoever, against any person who is ggfsdfjxt P;" denied or cannot enforce in the judicial tribuna s of the State, or in the CMI rmi, dma Y part of the State where such suit or rosecution is pending, any right ——-i—-— secured to him by any law roviding fhr the equal civ1l rights of citizens 1121 M;‘g'·1g870&g- of the United States, orof viii persons within thejurisdiction of the United p_ {:2; ’ ’v' ’ States, or against any officer, civil or military, or other (person, for any 9 A .-51, 1866, c, arrest or im risonment or other trespusses or wrongs, ma e or committed 31. ¤· 3}: v- 14, p. 27- by virtue 02,01* under color of authority derived from any law providing gM";éI86i;5%81· for equal rights as aforesaid, or for refusing to do any act on the groun °'1{1Lyy§{,8 cho that it would be inconsistent with such law, such suit or prosecution may, Ss, 3,5,5,14,},,44;: upon the petition of such defendant, filed in said State court at any time ————-—— before the trial or final hearingof the cause, stating the facts and verified V £°n';f§g‘é::€ b oath, be removed, for trial, into the next circuit court to be held in .,g6_ ’ tlie district where it is pending. Upon the filing of such petition all fur- Hodggscn v. Milther proceedings in the State courts shall cease, and shall not be resumed wud, GMM 418- except as hereinafter provided. But all bail and other security €ven in 101;:;; such suit or rosecution shall continue in like force and effect as if the same mn v_ gmgr, 11 had pr0cee<i)ed to final judgment and execution in the State court. It Blutch., 350; Walshall be the duty of the clerk of the State courtto furnish such defend- ker v- C¤¤¤¤, I3 ant, titioning for a removal, copies of said process against him, and of B‘?;’h··1bB“’°'!‘Y all lxehdin de sitions testimon and other roceedin in the case. If v5 vw °mmm` gv P0 v _ • _ P _ gs sioners, 1 Woods, such copies are filed by said petitioner in the c1rcu1t court on the first day 2 5 4; Tex as v. of its session, the cause shall proceed therein in the same manner as if It Gaines, 2 W<>¤d¤~ had been brou ht there bv original process; and if the said clerk refuses 342- or neglects to garnish 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 plaintif to file a. declaration, petition, or complaint in the cause; and, in case of his default ma order a nonsuit and dismiss the case at the costs, of the plnintiii, 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 such copies and proof thereof, the petitioner for removal fails to file copies in the circuit court as herein provided, a certdicute, under the seal