The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-03-30

CHAP. CCLXXXNlII-An act for tne re-
movaI of causes in certain cases from state
Courts.
Be it enacted by the Senate and House. OF
Representatives of the United states OF America
in Congress assembled, That II IN any SUIT al
ready commenced or that may be hereafter com
menccd. in any State court against an alien, OF
bv 4 citizen of the State in which the SUIT II
brought against a citizen Of another state, anu
the matter in dispute exceeds the sum OF I'VE
hundred dollars, exclusive of costs, to De mace
TO appear TO the satisfaction Of the court a Gnu
of the state in which the suit Is brought Is or
shall be a defendant, and the suit so far as re-
lates to the alien defendant, or TO The defendant
who Is the citizen Of a State other than that IN
which the suit is brought, is or has been lnstl-
tuted or prosecuted for the purpose OF restrain
ing or eniOining him, or If the suit Is one III
which there can be q final determination OF Inc
controversy, so far a. it concerns him, without
the presence Ofthe other defendants as patJles
in the cause, then, and in every ysuch case the
alien defendant or the defendant Wh0l Is q GU
zen CT State other than that IN " men the sun
/ j. brought may, at any time before the trial or
/ final hearing Ofthe cause, HE petition lOf the
removal of the cause a against INN into Inc
next circuit court Of the United States TO be
/ held in the district where the SUIT Is ptndln5,
/ and offer good and sufficient surety for his en-
tering in such court, on the first day of Its SEES
! sion. copies Ofsaid process against him, and of
! all pleadings, dispositions, testimony and other
/ proceedings in said cause efecUDg or concern
! ing him, and also for his there appearing and
entering special bail in the cause, if special bail
was originally requisite therein; and it shall
/ be thereupOn the duty Of the state court TO &C
/ cept the surety ana proceed no further IN the
! cause as against the defendant so applying for
/ its removal: and any bail that may have been
/ originally taken shall be discharged, and the
| saidcOpies being entered as aforesaid in such
court Of the United States, the cause shall there
proceed in the same manneraS II 1t had been
/ brought there by original process against the
defendant who shall have so filed petition for
Its removal as above provided. And any at
fa"hr'eaai e tho soaes 81 ostata Of the defen-
can't bg the original process shall held the
goods or estate SO attached to answer the final
Judgment, ia the same manner Is by the laws OF
/ such State they would have been holden to an
I SWer final Judgment had it been rendered by
/ the court in which the suit commenced; and
/ any injunction granted before the removal OF
/ the cause, against the defendant APPLYING for
it, removal shall continue in force until modi-
! ned or dissolved by the United States court into
! which the cause shall be removed; and any
bond of indemnity or other obligation gwen by
the plaintiff upon the issuing or granting of any
attachment, writ or injunction, CT other re-
>tTaining process against the defendant petition
iDg for the removal Of the cause, shall also con-
/ tinue force and may be prosecuted by the
/ defendant and made available for his indemnity
( in case the attachment. injuncaon, or other re-
straining process be set aside5or dissolved. or
judgment be rendered in his favor, in the same
manner and with the same force and effect "a If
such injunction, attachment, or restraining pro-
cess had been granted. and such bond had been
originally filed or given in the court to which
thecause is removed. And such removal of the
cause. against the defendant petitioning
therefor, into The United States court, shall not
! be deemed TO prejudice OF take away the right Of
the plaintiff to proceed at the same time with
the suit in the state court as against the other
| defendants, if he shall desire to do so. And the
copies ofall pleadings filed or entered as afoTe-
said in the United States court by the defendant
/ applying for theremoval fthe cause, shall have
the same force and effect in every respect and
for every purpose as the original pleadings
/ would have had by the laws and practice of the
court fsuch state if the cause had remained in
the State court.
/ Approved July y, 1856.