Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-03-24
FEDERAL COURTS.
Their Jurisdiction as Defined BY the
Last Congress.
A Law Of Great Interest to Attorneys
and Litigants.

and Litigants.
We print below the full text Of the law
passed by the late Congress, defining the
jurisdiction Of the Federal Courts, with
particular reference to their relations
towards the State Courts. The law is Of
the greatest importance to the legal profess
sion, and viii be read with interest. The
chief point Of general interest is the en-
largement Of the jurisdiction Of United
States Circuit Courts, giving them concur
rent jurisdiction with the United States
District Courts in a certain line of cases.
Il is believed, too, that the transfer Of
many cases now pending in the State
Courts to the Federal Courts, which were
barred out under the old law, viii be
greatly facilitated. The provisions Of the
new law are as follows:
Be it enacted, etc, that the circuit
courts Of the United States shall have
original cognizance, concurrent with the
courts Of the several States, Of all suits of
civil nature, at common law OF in equity,
where the matter in dispute exceeds, ex-
elusive Of costs, the sum or value Of $500,
and arising under the Constitution or laws
Vi NAAC GA-A-lA AA-4-Naf IA AANaA-AG1 A-Al-44G u
which shall be made under their authority,
or in which the United States are plaintiffs
or petitioners, or ia which there shall be a
controversy between citizens Of the same
State claiming lands under grants OF differ
ent States, or a controversy between citi-
zens Of State and foreign States, citizens
or subjects; and shall have exclusive cOgni-
Zance Of all crimes and otienses cOgni-
~
United States, except as other
wise provided by law, and concur
rent jurisdiction with the district courts
ofthe crimes and Oftenses cogniZable there
in. But no person shall be arrested in
one district for trial in another in any civil
action before circuit or district court; and
no civil suit shall be brought before either
Of said courts against any person by any
original process or proceeding in any other
district than that whereof be is an inhab-
liant, or in which he shall be found at the
time Of serving such process or cOmmene-
ing such proceeding, except as hereinafter
provided; nor shall any circuit or district
court have eognizance Of any suit founded
on contract in favor Of an assignee unless a
suit might have been prosecuted in such
court to recover thereon if no assignment
lad been made, except in cases Of prOmis-
sorry notes negotiated by the law merchant
and bills Of exchange. And the circuit
courts shall also have appellate jurisdiction
from the district courts under the regula-
tiOns and prescriptions prescribed by law.
Sec. 2. That any suit Of a civil nature,
O. law or equity, now pending or hereafter
brought in any State Court where the mat
ter in dispute exceeds, exclusive Of costs,
the sum or value Of $500, and arising un-
der the Constitution or laws Of the United
States, OF treaties made, OF which shall be
made under their authority, or in which
/ the United States shall be plaintiff or petit
| toner, or in which there shall be a eOntro-
| veTsy between citizens Of the same State
| claiming land under grants Of different
| Stales, or a controversy between citizens Of
/ a State and foreign States, citizens or sub
| jects, either party may remove said suit in
/ to the Circuit Count Of the United States
! for the proper district. And when in any
| suit mentioned in this section there shall
| be a controversy which is wholly between
| citizens Of different States, and which can
\ be fully determined as between them then
either one or more Of the plaintiffs OF de-
i feAdants actually interested in such con
! troYersy may remove said suit into the Cir
! cult Court Of the United States for the
| proper district.
Sec. 3. That whenever either party or
any one or more Of the plaintiffs or defen-
! dants entitled to remove any suit mention
ed in the next preceding section shall de-
| sire to remove such suit from q State court
/ to the Circuit Court Of the United States,
be OF they may make and file a petition in
/ such suit in such State court before or at
/ the term at which said cause could first be
/ tried and before the trial thereof for The re-
/ mOval Of such suit into the Circuit Court
l to be held in the district where such suit is
/ pending, and shall make and file Herewith
/ bond, with good and sufficient security,
/ for his OF their entering in such Circuit
/ Court on the first day Of its then next ses-
/ sion a copy Of the record Of such suit, and
| for paying all costs that may be awarded by
/ the said court, if said court shall hold thai
/ said suit was WrOngfully or improperly re-
/ moved thereto, and also for their appearing
and entering special bail in such suit if
/ special bail was originally requisite
/ therein; it shall then be the duty Of the
/ State Court 10 accept said petition and
bond and proceed no further in such
| suit, and any bail that may have been
Original " taken shall be DISCHARGED; aud
| the said COPY being entered as aforesaid in
said Circuit Court Of the United States,
the cause shall then proceed in the same
manner as if it had been originally COM
menced in the said Circuit Court; and if
\ in any action commenced in a State court
/ the title Of land be concerned, and the par
/ ties are citizens Of the same State and the
/ matter in dispute exceeds the sum or value
/ Of $500, exclusive Of costs, the sum or
/ value being made TO appear, one or more
/ plaintiffs or defendants before the trial may
stale 10 the court and make affidavit, Il thG
court require it, that he or they claim and
/ shall rely upon q right or title to the land
| under grant from a State, and produce the
/ original grant, or an exemplifcatiOn of it,
/ except where the loss Of public records shall
/ put it out Of his or their power, and shall
| move that any one or more Of the adverse
/ party inform the court whether he or they
/ claim a right or title to the land under a
| grant from some other Stale, the party OF
| parties so required shall give such infOrma-
ton, or otherwise not be allowed 10 plead
such grant, or give it in evidence upon the
! trial; and if he OF they inform that be or
they do claim under such grant, any one or
more Of the party moving for such infOrma-
ton may then, on petition and bond as
hereinbefOrs mentioned in this act, remove
the cause for trial to the Circuit Court Of
/ the United States next TO be holden in
| such district; and any enc of either party
| removing the cauSe snail not be allowed to
/ plead or give evidence Of any other title
/ than that by him or them stated as afOFC-
said as the ground Of his OF their claim, and
trial Of issues Of fact in the Circuit Courts
/ shall, in all suits except those Of equity
/ and Of admiralty and maritime junsdic-
/ ton, be by jury.
| Sec. 4. That when any suit shall be re-
/ moved from a State court 10 = circuit court
/ Of the United States, any attachment or
sequestTatiOn Of goods or estate Of the de-
/ PENDANT had in such suit in the State court
shall hold the goods or estate so attached
| or sequestrated, to answer the final iudg-
msnt or decree in the same manner IS by
/ law they would have been held to answer
/ final Judgment o. decree had it been zen
| dered by the court in which such suit was
/ commenced; and all bonds, undertakings OF
security gwen by either party IN such suit
/ prior 10 its removal shall remain valid and
| etfectual notwithstanding such removal; and
| all iniunctiOns, orders and other proceed
| ings lad in such suit prior to lis removal
shall remain in full force and effect until
| dissolved or modified by the court TO which
4 such suit shall be removed.
| Sec. 3. That if in any suit commenced
/ in a Circuit Court or removed from a State
] o,urf tn a Cirruit Eourt Of the T-nifo1