Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-03-24

United states shall, in ali suils removed
under the provisions CT this act, proceed
therein as if the suit had been originally
commenced in said Circuit Court, and tie
same proceedings had been taken i'm such
suit in said Circuit Court as shall have
been had therein in said State Court prior
TO its removal.
Sec. :. That in all causes removable UTl-
der this act, if the term Of the Circuit
Court to which the same is removable, then
next to be holden, shall commence within
twenty days after filing the petition and
bond in the State Court for its removal,
then he or they who apply to remove The
same shall have twenty days from such ap-
plication 20 file sad copy Of record in said
Circuit Court, and enter appearance there
iB; and If done within said twenty days
such filing and appearance shall
be taken to satisfy the said bond
i'm that behalf; that ifthe clerk Of the State
court in which any such cause shall be
pending. shall refuse to any one or more. Of
the parties or persons applying to remove
the same, a copy Of the record therein, af-
ter tender Of legal fees for such copy, said
clerk so offending shall be deemed guilty
Of a misdemeaRr, and, on conviction
thereof in the Circuit COuIt Of the United
States To which said action or proceeding
was removed, shall be punished by in
pris9l1neut not more than one year, or b.
fne not exec ding 81, 900, or both, in the
discretion of the court. And the circuit
court to which any cause shall be re-
movable under this act shall have power to
issue a writ Of certiorari to said State court,
commanding said State court TO make re-
turn Of the record in any such causes re-
moTed as aforesaid, or in which any one or
more Of the plaintiffs or defendants have
COMPLIED with the provisions Of this act
for the removal Of the same, and en-
force sid WIT according to law; and if il
shall be impossible for the PARTIES or per
sons removing any cause under this act,
or complying with the provisions for the
removal thereof 10 obtain such copy for the
reason that the Clerk Of said State Court
refuses to furnish a copy, on payment Of
legal fees, or for any other reason, the Cir
cult Court shall make an order requiring
the prosecutor in any such action or pro
ceeding to enforce forfeiture or recover pen
atty as aforesaid, to file a copy Of the paper
or proceeding by which the same was COM
menced within such time as the court may
determine, and in default thereof the court
eNaIL EaIsIaLLes TIC edAu laA4lDAA
but if the order shall be complied with,
then said Circuit Court shall require the
other party to plead, and said action or pro
ceeding shall proceed to final judgment;
and the said Circuit Court may make an
order requiring the parties thereto to plead
de novos and the bond given, conditioned
as aforesaid, shall be discharged so far as it
requires q copy Of the record 70 be fled as
aforesaid.
Sec. s. That when in any suit, com
meDced in any Circuit Court Ofthe United
States, TO enforce any legal or equitable
lien upon OF claim 20, O. remove any IN
cumbrance or lien or cloud upon, the title
70 real or personal property within the dis
trics where such suit is brought, one or
more Of the defendants therein shall not
be an inhabitant of, or found Within the
said district, or shall not voluntarily appear
thereto. il shall be lawful for the court to
make an order directing such absent de-
PENDANT or defendants to appear, plead,
answer or demur by q day certain 70 be
DESIGNATED, which order shall be served on
such absent defendant OF defendants, if
practicable, wherever found, and also
upon the person o. persons in possession
or charge Of said property, if any there
be; or where such personal service upon