New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-16

paid at the Treasury of the United States,
such accounts to be made out, verified, ex-
amined, and certified as in the case of ac-
counts of commissioners, save that the ex-
animation or certificate required may be
made by either the circuit or district Judge.
SEC. Is. And be it further enacted, That
the jurisdiction of the circuit court of the
United States shall extend to all cases in
law or equity arising under the provisions
OF this act or the act hereby amende and
If any person shall receive any injury to his
person or property for or on account of any
act by him done under any of the provisions
of this act or the act hereby amended, he
shall be entitled to maintain suit for dam
ages therefor in the circuit court of the
United States in the district wherein the
party doing the injury may reside or shall
be found. AfE
SEC. l6. And be it further enacted, That
in any case where suit or prosecution, civil
or criminal, shall be commenced in a court
of any State against any officer of the
United States, or other person, for or
on account of any act done under the pro-
visions of this act, or under color thereof,
or for or on account of any right, authority
or title set up or claimed by such officer or
other person under any of said provisions,
it shall be lawful for the defendant in such
suit or prosecution, at any time before trial,
upon a petition to the circuit court of the
United States in and for the district in which
the defendant shall nave been served with
process, setting forth the nature of said
suit or prosecution, and verifying the said
petition by affidavit, together with a GER
titicate signed by an attorney or counselor
at law of some court of record of the State
in which such suit shall nave been com
menced, 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 in the petition, and that he believes
the same to be true, which petition, affidavit
and certificate shall be presented to the said
circuit court, if in session, and, if not, to the
clerk thereof at his office, and shall be filed
in said Office, and the cause shall there
upon be entered on the docket of said
court, and shall be thereafter proceeded in
as a cause originally commenced in that
court; and it shall be the duty of the clerk
of said court, if the suit was commenced in
the court below by summons, to issue a
writ of certiorari to the State court, requiI-
ing said court to SEM to the said circuit
court the record and proceedings in said
cause: or if it was commenced by capias, he
shall issue a writ of habeas corpus cum
causa. a 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 other person
duly authorized thereto; and thereupOn it
shall be the duty of the said State court to
stay all further proceedings in such cause,
and the said suit or prosecution, upon de-
livery 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 proceed
ings, trial, or Judgment therein in the
State court shall be wholly null and void;
and any person, whether 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 deemed guilty
of a misdemeanor, and liable to trial and
punishment in the court TO which the action
shall have been removed, and upon convic-
ton thereof shall he punished by imprison-
ment for not less than six months nor more
than one year, or by fine not less than five
hundred nor more than one thousand dol
lars, or by both such fine and imprisonment,
and shall in addition thereto be amenable
to the said court to which said action shall
have been removed as for a contempt: and
if the defendant in any such suit be IN
actual custody on mesne process therein,
it shall be the duty of the marshal, by vir-
tue of the writ of habeas corpus cum causa,
TO take the body of the defendant into his
custody, to be dealt with in the cause ac-
cording to the rules of law and the order of
the circuit court, or of any judge there
of in vacation. And all attachments
made and all bail or other security
given 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
court. And if upon the removal of any such
suit or prosecution it shall be made to APP
pear to the said circuit court that no copy
OF the record and proceedings therein III the
State court can be obtained, it shall be law
full for said circuit court to allow and re-
quire the plaintiff to proceed de novo, and
to file a declaration of his cause of action,
and the parties may thereupOn proceed as
in actions originally brought in said circuit
court: and on failure of so proceeding judg-
ment of non prOSequitur may be rendered
against the plaintiff, with costs for the de-
PENDANT.
SEC. II. And he it furJner enacted, That
in any case in which any party is or may be
by law entitled to copies of the record and
proceedings in any suit or prosecution III
any State court, to be used in any
court of the United States, if the clerk of
said State court shall, upon demand and the
payment or tender of the legal fees, refuse
or neglect to deliver to such party certified
copies of such record and proceedings, the
of the United States in which such
record and proceedings may be needed, on
proof DIV a1IluaNlU JHdb Tue ClcIh VI suCu
State court has refused or neglected to deliv-
er copies thereof on demand as aforesaid,
direct and allow such record to be sup
plied bv affidavit or otherwise, as the cir
cumstances of the case may require and
allow: and thereupou such proceeding, trial
and Judgment NAV be had in the said court
of the United States, and all such processes
awarded, as if certified copies of such rec
Ords 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. IS. And be it further enacted, That
sections five and six of the act of the o
gress of the United States approved July
fourteen, eighteen hundred and seventy,
and entitled "An act to amend the natural
ization laws, and to punish crimes against
the same" be, and the same are hereby, re-
pealed; but this repeal shall not affect any
proceeding or prosecution now pending for
any otfense under the said sections, or
either of them. or any question which may
arise therein respecting the appointment OF
the persons in said sections, or either OF
them. provided for. or the powers, duties
or obligations of such persons.
SEC. 10. And be it further enacted, h
all votes for Representatives in Congress
shall hereafter be by written or printed
ballot, any law of any State to the contrary
Notwithstanding; and all votes received or
recorded contrary to the provisions OF tins