The Albany register. [volume] (Albany, Or.) 1868-18??, 1871-04-22
of the United States in the district
wherein the party doing the injury may
reside or shall be found.

of the United States in the district
wherein the party doing the injury may
reside or shall be found,
Sec. l6. And be 1t further enacted, That
In any case where suit or pro- secution,
civil or criminal, shall be commenced
in a court of any State against any of
ficer of the United States, or other per-
son, for or on account of any act done
under the provisions of this act, or uu-
der color thereof, or for or on account
OF any right, authority, or title set up
or claimed by such officer or other per-
son under any of said provisions, it
shall be lawful for the defendant in suit
or prosecution, at any time before trial,
upon petition to the circuit court Of
the United States in and for the district
in which the defendant shall have been
served with process, setting forth the
nature of said suit or prosecution, and
verifying the said petition by affidavit,
together with certificate signed by an
attorney or councillor at law of some
court of record of the State in which
such suit shall have been commenced,
or of the United States, setting forth
that as counsel for the petition he has
examined the proceedings against him,
and has carefully inquired into all the
matters set forth 10 the petition, and
that be believes the same to be true,
which petition, affidavit, and certificate
shall be presented to the said circuit
court, if in session, and, if no,, to the
clerk thereof at his Office, and shall be
filed in said Office, and the cause shall
thereupon be entered on the docket of
said court, and shall be thereafter pro-
ceeded in as a cause originally COM
menced in that court and it shall be
the duty of the clerk of ssid court, if
the suit was commenced in the court
below by summons, to issue a writ of
certiorari to the State court, requiring
said court to send to the said circuit
court the record and proceedings in
said cause or il it was commenced by
capias, he shall issue q writ of habeas
corpus cum causa, q duplicate of which
said writ shall be delivered to the clerk
of the State court, or left at his office
by the marshal of the distRict, or his
deputy, or some person duly authorized
thereto and thereupon it shall be the
duty OF the said State court to stay fur
ther proceedings in such cause, and the
said suit or prosecution, upon delivery
of such process, or leaving the same as
aforesaid, shall be deemed and taken
to be moved to the said circuit court,
and any further proceedings, trisl, or
judgement therein in the State court
shall be wholly null and void; and auy
person, woether an attorney or officer
| of any State court, or otherwise, who
shall thereafter take any steps, or in
| any manner proceed in the State court
in any action SO removed, shall be
| guilty of a misdemeanor' aud liable to
trial and punishment in the court to
| which the action shall have been re-
| moved, and upon conviction thereof
shall be punished by Imprisonment for
| not less than six months nor more than
| one year, or by 6ne not less than FIVE
| hucdred nor more than one Thousand
| dollars, or by both such fine aud i'm
prisonment, and shall inc EDITION there
to be amenable to the atd court to
which said action shall lave been re-
moved as for a contemp ;saad if the de-
| fendant in any such suit be 10 actual
| custody on mesne process therein, it
shall be the duty of the marshal, by
virtue of the writ of habeas corpus cum
causa, to take the body of the defend
ant into his custody, to be dealt with
in the said cause according to the rules
| of law and the order of the circuit court
or of any judge thereof in vacation.
| And all attachments made and all bail
| or other security Siven upon such suit
or prosecution shall be and continue in
like force and effect as if the same suit
/ or prosecution had proceeded to final
| judgment and execution in the State
| oourt. And if upon the removal of any
such suit or prosecution it shall be made
| to appear to said circuit court that no
copy of the record and proceedings
| therein in the State court can be OBJ
tanned, it shall be lawful for said circuit
court to allow and require the plaintiff
| to proceed de novo, and to file q declar-
| alton of his cause OF action, and the
| parties may thereupon proceed as in
| actions originally brought in said cir
cult court; and on failure of SO proceed
ing judgment of non prosequitur may
be rendered against the plaintiff, with
costs for the defendant.
SEC. IT. And be 1t Jmrleer enacted, That
| in any case in which any party is or may
be by law entitled to copies of the rec
ord and proceedings in any suit or pros
ecution In any State court, to be used
| in amp court of the United States, if the
clerk of said State court shall, upon de-
mand and the payment of tender of the
| legal fees, refuse or neglect to deliver
| TO such party certified copies of such
record aud proceedings, the court of the
| United States in which such rscord and
| proceedings may be needed, on proof by
affidavit that the clerk of such State
| court has refused or neglected to deliver
| copies thereof on demand as aforesaid, ,
| may direct and allow such record to be
supplied by affidavit or otherwise, as
the circumstances of the case may re-
| quire and allow; and thereupon such
proceeding, trial, and judgment may be
had in the said court of the United
States, and all such processes awarded
as if certified copies of such records and
proceedings had been regularly before
the said court; and hereafter in all civil
actions in the courts of the United
States either party thereto may notice
the same for trial.
| SEC. 1s. And be 1t further enacted, That
| sections five and six of the act of the
| Congress of the United States approved
| july fourteen, eighteen hundred and