Year: 1867

An act for the Removal of Causes in certain Cases


from State Courts.


Be it enacted by the Senate and House of Rep
resentatives of the United States of America in
Congress assembled, That if in any suit already
commenced, or that may hereafter be commen-
ced, in any State court against alien, or by
a citizen of the State in which the suit is brought
against citizen of another State, and the matter
in dispute exceeds the sumoffive hundred dollars,
exclusive of costs, to be made to appear to the
satisfaction of the court, citizen of the State in
which the suit is brought is or shall be defend
ant, and if the suit so far relates to the alien
defendant or to the defendant who is the citizen
of State other than that in. which the suit is
brought, is or has been instituted or prosecuted
for the purpose of restraing or enjoining him, or
if the suit is which there can be final deter
mination of the controversy, far as it concerns
him, without the pesence of the other defendants
as parties in the cause, then and in every such
the alien defendant, or the defendant, who is
a citizen of State other than that in which the
suit is brought, may, at any time before the trial
or final hearing OF the cause, file petition for
the removal of the cause as against him into the
next circuit court of the United States to be held


in the district where the suit is pending, offer
good and sufficient surety for his entering in such
court, on the first day of its sestion, copies of
said process against him, and all pleadings, depo
sitions, testimony, AMI other proceedings in said
cause affecting or concerning 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 accept the surety and 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 dis
charged, and the said copies being entered as
aforesaid in such court Of the United States, the
cause shall there proceed in the same manner as
if it had been brought there by original process
| against the defendant who shall have so filed a
| petition for its removal as above provided. And
any attachment of the goods or estate of the de-
| fendant by the original process shall hold the
| goods or estate SO attacehd to answer the final
| judgement, in the same manner as by the laws of
such State they would have been held to answer
final Judgment had it been rendered by the court
| in which the suit commenced and any injunc-
| ton granted befere the removal of the cuuSe
! against the defendant applying Tor It's removal


shall continue in force until modified dissolved
| by the United States court into which the cause
| shall be removed and any bond OF Indemnify or
| other obligation given by the plaintiff upon the
issuing or granting of any attachment, writ OF In


junction, other restraining process against the
defendant pepetitioning for the removal of the
cause, shall also continue in full force and may


be prosecuted by the defendant and made avaiia-


BILE for his indemnity in case the attachment, in
junction, or other restraining process be set aside
| or dissolved, or Judgment be rendered in his "a


vor, in the same manner and with the same force
| and effect as if such injunction, attachment, or
| rest raining process had been granted, and such
| bond had been originally filed or given in the
| court to which the cause is removed And such


petition therefor, into the United States conrt,
| shall not be deem to prejudice or 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 of all pleadings filed or entered


as aforesaid in the United States court by the


defendant applying for the removal of the cause
! shall have the same force and effect in every re


spect and for every purpose as the original plead


ings would have had by the laws and practice o.


the courts of such State if the cause had remain
| ed in the State court.


Approved, July 27, 1865.