Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-02-12


suit NAV be removed to the said circuit court Tor
said district; and the judge OF said circuit court
shall thereupon cause the said suit TO be entered
in said circuit court, and the further proceedings
therein shall be the same as though SAID SUIT had
been originally commenced in said circuit court
whatever may the amount OF the SUN, or tne ia.
images claimed. or the citizenship or residence OF
the parties: Provided, That if special ball was
required in the suit when brought IN the state
court, the petitioner shall, before said suit snail
proceed in the said circuit court, enter good
and sufficient hail in the clerks oifice OF the
said circuit court, and. thereupon, the bail taken
in the State court shall be discharged.
SEC. g. find be il further enacted, That When
ever suit is entered in anv circuit court OF the
United States, as herein before provided tor, II
shall be the duty Of said court to cause due no.
tice thereof, under the hand and seal of the
clerk of the said court, to be given TO the State
court 10 which said suit was originally brought;
and, on receiving such notice. the State court
shall proceed no further in said cause. And II
the said State court shall, nevertheless, proceed
therein, it shall be the duty Of said circuit court,
on the application Of the original defendant or
defendants, setting forth the fact on OATH to Is.
sue an injunction, prohibiting and enjo'n'ng the
plaintiff IN said suit. his agent and attorneys:
from further proceeding IN, or prosecuting saiu
suit 10 said State court
SEC. $ Ind be IL further epacfed That in all
other proceedings in nature OF civil suit under
process Of a State court. or Judge. or justice oil
State court, by capias in withernam, or IN
nature of distress by attachment, OF otherwise
against the person or effects OF any officer OF the
customs or revenue officer, as herein before spe'
cited, or any other person aiding or assisting
them, or for, or ON account OF, any act done or
omitted to be done under and by virtue OF the
laws of the United States. 1t shall and may oe
lawful for the Judge Of the United States CIRCUIT
Court for the district in which such process may
issue, or the United States district judge OF said
district, on application Of the defendant or de-
PENDANTS for that purpose, setting forth the facts
on oath. forthwith to issue an injunction, re-
straIning and enjoining the plaintiff in such ca
pias, or attachment, or other process, IRON any
further proceeding therein.
Sec. 4. find be II f,rihe, enacted, That upon
the issuing Of any process OF injunction, as here
in provided for. il shall be the duty of the mar
shals forthwith, to execute the same, as the
sheriff of the several States may do. And lfany
individual or individuals shall knowingly and
wfully obstruct or resist any officer Of the Uni
ted States in serving or attempting to serve or
execute said D, ocess, or shall disObry said pro
cess when executed. he or they so offending shall
be guilty OF misdemeanor; and, on conviction
thereof, shall be fined no: exceeding five thousand
dollars, and imprisoned not exceeding two years,
at the discretion Of the court.
SEC. s find be il further enacied. That either
Of the justices of the Supreme Court, or either o.
the judges Of the district courts Of the United
States, in addition to the authority already con
| forred nm fhen by law. shall have power to gram
writs Of habeas corpus in all cases Of person OF
persons in Jail or confined, where he or they shall
have been committed or Imprisoned in pursuance
Of any sentence ofany State court for any act done
in pursuance of the revenue laws Of the United
States, or any order. process. or decree, of any
Judge or court Of the United States; any thing II
any act Of Congress 70 the contrary notwiths'and
ding. Aud if any person shall disObey the CON
mands Of said writ OF habeas corpus, he shall be
adiudged guilty Of misdemeanor. and, on con
viction thereof. may be fined not exceeding si'
Thousand dollars, and imprisoned not exceedin!
three Years, at the discretion of the court.