Page:United States Statutes at Large Volume 36 Part 1.djvu/1119

SIXTY-FIRST oorzennss. sm. 111. ce. 231. 1911. 1095 State, may remove such suit into the district court of the United States - for the roper district, at any time before the trial thereof, when it shall be made to awplgear to said district court that from prejudice or local influence he not be able to obtain 'ustice in such State court, or in any other State court to which the defendant ma , under the laws of the State, have the right, on account of such prejudice or local iniiu- _ ence, to remove said cause: Provokled, That if it urther a pear that {;Q°f£°$;u¤g as a, said suit can be fully and justly determined as to the other defendants {j;',§‘};‘;ug*,‘j,§,_ g§°*°" in the State court, without being affected by such rejudice or local influence, and that no party to the suit will be prejudiced by a separa- ‘ tion of the parties, said district court ma direct the suit to be remanded, so far as relates to such other defendants, to the State _ court, to be proceeded with therein. At any time before the trial of ¤“““°° "°* any suit which is now (pending in any district court, or may hereafter be entered therein, an which has been removed to said co1u·t from a State court on the affidavit of any party plaintiff that he had reason to believe and did believe that, from preju 'ce or local influence, he was unable to obtain justice in said State court, the district co1u·t shall, on ap lication of the other part , examine into the truth of said aflidavit ang the grounds thereof, ands; unless it shall appear to the satisfaction of said court that said_part will not be able to obtain justice in said . State court, it shall cause the same to be remanded thereto. When- 0};;: gggggggfmm ever any cause shall be removed from any State court into any district court o the United States, and the district 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 execution, and no a peal or writ of error from the decision ` of the district court so remanding such cause shall be allowed: Pro- ,g2,§,§‘,§,'§,,‘§,,,,,‘§,“,§,f,E vided, That no case arising under an Act entitled "An Act relating to ¤¤`;:1¤g;¤¤6g“b*¤- the liability of common carriers by railroad to their employees in cer- 'p` ' tain cases/’ approved April twenty-second, nineteen hundred and eight, or any amendment thereto, and brought m any State court of céompetent jurisdiction shall be removed to any court of the United tates. Sec. 29.'Whenever ang party entitled to remove any suit men- m§;gg°d¤¥¤ *°* N- tioned in the last p . 'ng section, except suits removable on the Vo1.°26,p.484. round of prejudice or local influence, ma desire to remove such suit from a State court to the district court ol, the United States, he may make and Hle a petition, duly verified, in such suit in such State court Fm¤¤ P°'*“°¤· °°°· at the time, or any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or plead to the declaration or complaint of the laintiff, for the removal of such suit into the district court to be hefd in the district where such suit is ending, and shall make and file therewith B°¤d *°*1“"°°- a bond, with good and sugicient surety, for his or their entering in such district court, within thirty days from the date of filing said petition, a certified copy of the record in such suit, and for paying all costs that ma be awarded by the said district court if said district court shall holirl that such suit was wrongfully or improperly removed thereto, and also for their ap caring and entering special bail in such - suit if special bail was originahyrequisite therein. It shall then be the ce§f,“§°§Q}‘,‘§e}f’ P"' duty of the State court to accept said petition and bond and proceed no further in such suit. YVritten notice of said petition and bond for removal shall be given the adverse party or parties rior to filing the same. The said copy being entered within said thirty days as aforesaid in said district court of the United States, the parties so removing the said cause shall, within thirty days thereafter, plead, answer, or demur to the declaration or complaint in said cause, and the cause shall then proceed in the same manner as if it had been originally commenced in the said district court.