Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1801-04-06
[VoLUME MI

without return Of perfonal lervice on him, her,
or them, Of the original procefs III fuch FUR Or
adion, and without an appearance thereto, By
him, her Or them, and writ Of error, or writ
Of review, ihall be brought BY fuch defendant
or defendants in iuch Rate court, to reverfe the
faid judgment or where any iuit or adion,
lhall have been or lhall be commenced ia any
iuch court, againR any Perfon or Perlons, in any
cafe aTiling under the contribution or laws of
the United States, or treaties made or to BE-
made tnder their authority then, and ia any
Of the faid cafes, il fhall he lawful for The de-
PENDANT or defendants, In fuch lut or action, at
the time Of entering his, her, or their appear
ance thereto, and for the plaintiff or plaintiffs in
fuch writ Of error. or writ Of review, at the
time when iuch writ lhall be returnabIe, to file
in fuch court petition for the removal Of fucll
liir, aaion, writ Of error, or writ Of review to
the next circuit court Of the 1T. States, hereby
direted to be holden ID and for the di(trid with
in which fnch ltate court lhall be holden and 70
offer TO foch fate court, good and fufEcient
furety for entering, in fach circuit court, on the
fri day Of its next enfling fsdion, true copies
Of the process and proceedings, in fuch action,
luit, writ Of error, or writ Of review, and ALTO
for his, her or their appearance in The faid cir
chit court at the period aforef4id, and then
ard there entering fpecial bail, in the faid filt,
or a6ion, If fpecial bail was originally demand
able, and demanded therein; whereupon *
ih4ll Be the duty Of the fad cate courtto accept
The fAid ieruri,y, aud to Iiay all farther pro-
cesdings il fnch lhir, action, writ of error, or
writ If review, and to dilcharge any bail rhar
NAV have been given therein and thar the
faid corics being filed As aforeiaid in fuch cir
cut court and !pecial bail, in man DER aforefaid
being given therein, Tuch fit, aaion, witt Of
error or writ Of review, fhall be therein proceeded
on, tried heard and determined in the fame
manner As if there originally commenced or
brought Pr5vidsd ai1ylJf, That any attachment
II the goods or easte Ut The defendant By the
original procefs IN flcb fut or action, fhall hold
the goods or eAate 70 attached to anfwer the
final Judgment in the faid circuit court, ia The
fame manner as BY the lavs Of the ltate they
would have been holden to aClwer the 6oal
Judgment, had Il been rendered BY The courE
IN which the lut OK action was commenced.
Sec IA. Ind 5s u farttrr rr1gsd, That when
any iilt or action, commenced or to be com
menccd, in any ltate court within the United
States between citizens Of the fame Rate, the
title az bounds Of land fhall come into queaion,
i fhail Be lawful for either party, before trial,
to Rate to the faid court, and make affidavit, If
thereby required, that ne, fhe or they, doth Or
40 claim under,and at the hearing or trial lhall
rely upon right Of title to the lands ia dilpute,
under grant, or grants, from fate other
than wherein fuch iuit or atlion Is, or fhall be
pending, and to produce 10 The iaid court the
original grant, or grants. 70 claimed under, or
exempli6carions thereof, except in cafes where
the lols Of public records lhal pot il out Of his,
her or their power 70 to do; and 70 move THAI
the alverft party do inform the fad court,
forthwith, whether he, fac or they, doth or do
claim the land 10 dlpute, under grant or
grants from the fate wherein fuch fuit or acc
ton is, or ihall be pending whereupon the
faid adverfe party fhall give fnch information,
or otherwile not be allowed to plead, or give
10 evidence in the caule, any fuch grant and
chat lift fhall appear from fuch information,
that the flid adverle party doth claim the laid
lands. under any fuch grant, or grants, then Il
ihall be lawful for the party moving Tor flch
Information, if plaintiff or complainant in the
fAid fuit or action, 10 remove the fame, BY mo-
ton, 10 the next circuit court Of the United
States, hereby directed to be holden ID and tor
the diltrIet within which tOch itate court ih7A
he holden and if defendant il the iaid fut o.
ACTON then 10 remove the ilmey as aforelaid,
in the fame manner, and under the like regula-
tons, terms and conditions, as are provided ID
and by the preceding fdion Of this at, il the
cafes Of actions thereby directed TO be removed
aud shat the laid Circuit Courts RESPECTIVELY,
into which fuch fuit, or ACTON lhall be remov-
ed, purfuant to the Proviions il this .fecton
contained, fhall proceed ID, try, hearAnd deter-
mine the fame, in like manner as If therein bro't
by origin i procels +: ProVids9 at5yayr, Thar
neither parry 70 removing any fuit Or sdion,
ihaI be allowed on the trial or hearing there
Of, to plead, give evidence Of, Or rely ~, any
other title than that by him, her, or them, FL
lated rs aforefAid, as the ground Of his, A-r,or
their claim.
Sec. IS. Ind bs II fartIer. eaa7ed, That any
one Judge Of the flfd circuit courts, fhiil ~,