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SEC. 609, Circuit courts shall be held by the circuit justice, or by the Circuit courts ; circuit judge of the circuit, or by the district judge of the district sitting,
100 Suu held. alone, or by any two of the said judges sitting together.
SEC. 610. It shall be the duty of the Chief Justice, and of each justice Justices of Su. of the Supreme Court, to attend at least one term of the circuit court in preme Court to
a attend once in each district of the circuit to which he is allotted during every period every two years. of two years.
SEC. 611. Cases may be heard and tried by each of the judges holding Judges of cira circuit court sitting apart by direction of the presiding justice or judge, cuit courts may who sball designate the business to be done by each.
sit apart. SEC. 612. Circuit courts may be held at the same time in the different Circuit courts districts of the same circuit.
held at same time in different dis
tricts. SEC. 613. The terms of the circuit court for the southern district of Criminal terms New York, appointed exclusively for the trial and disposal of criminal in the southern
district of New business, may be beld by the circuit judge of the second judicial circuit York : how held. and the district judges for the southeru and eastern districts of New York, or any one of said three judges; and at every such term held by said judge of said eastern district be shall receive the sum of three hundred dollars, the same to be paid in the manner now prescribed by law for the payment of the expenses of another district judge wbile holding court in said district.
Sec. 614. A district judge sitting in a circuit court shall not give a. When district vote in any case of appeal or error from his own decision, but may
nou judges may sit in
on, but may cases of appeal assign the reasons for such decision : Provided, That such a cause may, or error to their by consent of parties, be heard and disposed of by him when holding a own decisions. circuit court sitting alone. When he bolds a circuit court with either of the other judges, the judgment or decree in such cases shall be rendered in conformity with the opinion of the presiding justice or judge.
SEC. 615. When it appears in any civil suit in any circuit court that When suits all of the judges thereof who are competent by law to try said case are transferred froin in any way interested therein, or have been of counsel for either party, one circuit to an. or are so related or connected with either party as to render it, in the opinion of the court, improper for them to sit in such trial, it shall be the duty of the court, on the application of either party, to cause the fact to be entered on the records, and to make an order that an authenticated copy thereof, with all the proceedings in the case, shall be forthwith certified to the most convenient circuit court in the next adjoining State or in the next adjoining circuit; and said court sball, upon the filing of such record and order with its clerk, take cognizance of and proceed to hear and determine tbe case, in the same manner as if it had been rightfully and originally commenced therein ; and the proper process for the due execution of the judgment or decree rendered in the cause shall run into and may be executed in the district where such judgment or decree was rendered, and also into the district from which the cause was removed.
SEC. 616. The circuit justice, or the circuit judge of any circuit, may cause certified order any civil cause, which is certified into any court of the circuit back. under the provisions of the preceding section, to be certified back to the court whence it came; and then the latter shall proceed therein as if the cause had not been certified from it: Provided, That if, for any reason, it shall be improper for the judges of such court to try the cause 80 certified back, it sball be tried by some other judge holding such court, pursuant to the provisions of the next section. SEC. 617. Whenever a circuit justice deems it advisable, on account. Justices may
hold courts of of his disability or absence, or of his having been of counsel, or being
other circuits on interested in any case peuding in the circuit court for any district in request. his circuit, or of the accumulation of business therein, or for any other cause, that said court shall be held by the justice of any other circuit, he may, in writing, request the justice of any other circuit to hold the same, during a time to be pained in the request; and such request shall be entered upon the journal of the circuit court so to be holden. Thereupon it shall be lawful for the justice so requested to hold such court, and to exercise within and for said district, during the time named in said request, all the powers of the justice of such circuit.
Sec. 618. Whenever, by reason of death or resignation, no justice is. When no jus. allotted to a circuit, the Chief Justice of the Supreme Court may make tices.a
may male tice is allotted to
a circuit. a request as provided in the preceding section, which shall have etfect in like manner until a justice is allotted to such circuit.
Alabama. 635. Writs of error and appeals within one year. 636. Judgment or decree on review. 637. Jurisdiction of cases transferred from district
courts on account of disability, &c. 638. Courts always open for certain purposes. 639. Removal of suits against aliens, &c., where
amount of $500 in dispute. 640. Removal of suits against corporations organ.
ized under a law of the United States. 641. Removal of causes against persons denied
any civil right, &c. 642. When petitioner is in actual custody of State
revenue officers and officers acting under
registration laws. 644. Removal of suits by aliens in a particular
case. 645. When copies of records are refused by clerk
of State court. 646. Attachments, injunctions, and indemnity
bonds to remain in force after removal. 647. Removal of suits where parties claim land
under titles from different States. 648. Issues of fact; when to be tried by jury. 649. Issues of fact tried by the court. 650. Division of opinion in civil causes; decision
by presiding judge. 651. Division of opinion in criminal causes; certi
ficate. 652. Division of opinion in civil causes; certificate. 660. Effect of altering terms of circuit courts.
Title 13, Chap. 7. SEC. 629. The circuit courts shall have original jurisdiction as fol
-- lows: Jurisdiction.
Aliens, citi. First. Of all suits of a civil nature at common law or in equity, where zens of different the matter in dienute avel
erent the matter in dispute, exclusive of costs, exceeds the sum or value of States.
five hundred dollars, and an alien is a party, or the suit is between a citizen of the State where it is brought and a citizeri of another State: Provided, That no circuit court shall have cognizance of any suit to recover the contents of any promissory note or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made,
except in cases of foreign bills of exchange. Suits in equity Second. Of all suits in equity, where the matter in dispute, exclu- . by the United sive of costs, exceeds the sum or value of five hundred dollars, and the States.
United States are petitioners. Suits at com- Third. Of all suits at common law where the United States, or any mon law by Unit- officer thereof suing under the authority of any act of Congress, are ed States or offi
Suits under in- Fourth. Of all suits at law or in equity, arising under any act proport, iternal-rev: viding for revenue from imports or tonnage, except civil causes of adenie, and postal miralty and maritime jurisdiction, and seizures on land or on waters laws.
not within admiralty and maritime jurisdiction, and except suits for penalties and forfeitures; of all causes arising under any law providing
internal revenue, and of all causes arising under the postal laws. Suits for the en- Fifth. Of all suits and proceedings for the enforcement of any penforcement of pen-alties provided by laws regulating the carriage of passengers in meralties.
chant-vessels. [See 4270, R. S.] Condemnation Sixth. Of all proceedings for the condemnation of property taken as of property 1?sed prize, in pursuance of section fifty-three hundred and eight, Title for insurrection ary purposes.
"W INSURRECTION.” [See 0 g 5308, 5309.7 Suits under Seventh. Of all suits arising under any law relating to the slaveslave-trade laws. trade.
Snits on deben. Eigbth. Of all suits by the assignee of any debenture for drawback tures..
of duties, issued under any law for the collection of duties against the person to whom such debenture was originally granted, or against any
indorser thereof, to recover the amount of such debenture. Patent and Ninth. Of all suits at law or in equity arising under the patent or copyright suits. copyright laws of the United States.
Suits against Tenth. Of all suits by or against any banking association established national banks. in the district for which the court is held, under any law providing for
national banking associations. Suits to enjoin Eleventh Of all suits brought by (or against*] any banking associathe Comptroller tion established in the district for which the court is held, under the of the Currency urrency. provisions of Title “THE NATIONAL BANKS,” to enjoin the Comptroller
of the Currency, or any receiver acting under his direction, as provided by said title. [See 5237, R. S.]
* Struck out by act of February 18, 1875.
Twelfth. Of all suits brought by any person to recover damages for Suits for inju.
ries op account of any injury to his person or property on account of any act done by him, ries
"acts done under under any law of the United States for the protection or collection of laws of the Uni. any of the revenues thereof, or to enforce the right of citizens of the ted States. United States to vote in the several States.
Thirteenth. Of all suits to recover possession of any office, except that Suits to recover of elector of President or Vice-President, Representative or Delegate in offices. Congress, or member of a State legislature, authorized by law to be brought, wherein it appears that the sole question touching the title to such office arises out of the denial of the right to vote to any citizen offering to vote, on account of race, color, or previous condition of servitude: Provided, That such jurisdiction shall extend only so far as to determine the rights of the parties to such office by reason of the denial of the right guaranteed by the Constitution of the United States, and secured by any law to enforce the right of citizens of the United States to vote in all the States. [See ♡ 2010, ELECTIVE FRANCHISE.]
Fourteenth. Of all proceedings by the writ of quo warranto, pros- Suits for reecuted by any district attorner, for the removal from office of any per- moval of officers son holding office, except as a member of Congress or of a State legis-ho
K to 14th amend. lature, contrary to the provisions of the third section of the fourteenth
ment. article of amendment of the Constitution of the United States. [See Ø 1786, VACANCIES IN DEPARTMENTS.]
Suits for pen. Fifteenth. Of all suits to recover pecuniary forfeitures under any act,
alties under laws to enforce the right of citizens of the United States to vote in the sev-id
to enforce electeral States.
ive franchise. Sixteenth. Of all suits authorized by law to be brought by any person Suits to redress
deprivation of to redress the deprivation, under color of any law, statute, ordinance, depr
C: rights secured by regulation, custom, or usage of any State, of any right, privilege, or the Constitution immunity, secured by the Constitution of the United States, or of any and laws to perright secured by any law providing for equal rights of citizens of the sons within juris
diction of the United States, or of all persons within the jurisdiction of the United di
United States. States. [See Ø Ø 1977, 1979, Civil Rights.] Seventeenth. Of all suits authorized by law to be brought by any per- Su
Suits on ac
count of injuries son on account of any injury to bis person or property, or of the depriva-by conspirators tion of any right or privilege of a citizen of the United States, by any in certain cases. act done in furtherance of any conspiracy mentioned in section nineteen hundred and eighty, Title “CIVIL RIGHTS."
Suits against Eighteenth. Of all suits authorized by law to be brought against any pers
persons having person who, having knowledge that any of the wrongs mentioned in knowledge of section nineteen hundred and eighty, are about to be done, and, having conspiracy, &c. power to prevent or aid in preventing the same, neglects or refuses so to do, to recover damages for any such wrongful act. [See ( 1981, CIVIL RIGHTS.]
Nineteenth. Of all suits and proceedings arising under section fifty- Suits against three hundred and forty-four, Title “CRIMES,” for the punishment of ers of vessels.'
cofficers and own. officers and owners of vessels, through whose negligence or misconduct the life of any person is destroyed. Twentieth. Exclusive cognizance of all crimes and offenses cognizable, Crimes and of.
fenses. under the authority of the United States, except where it is or may be otherwise provided by law, and concurrent jurisdiction with the district courts of crimes and offenses cognizable therein.
SEC. 630. The circuit courts shall have jurisdiction in matters in In bankruptcy. bankruptcy, to be exercised within the limits and in the manner provided by law. SEC. 631. From all final decrees of a district court in causes of equity i
Appeals in ad. or of admiralty and maritime jurisdiction, except prize causes, where the matter in dispute exceeds the sum or value of fifty dollars, exclusive of costs, an appeal sball be allowed to the circuit court next to be held in such district, and such circuit court is required to receive, hear, and determine such appeal.
SEC. 632. In case of an appeal, as provided by the preceding section, Copies of proofs copies of the proofs, and of such entries and papers on file as may be a
and entries certi.
fied to appellate necessary on heariug of the appeal, may be certified up to the appellate court. court. SEC. 633. Final judgments of a district court in civil actions, where , Writ of error.
to judgments of the matter in dispute exceeds the sum or value of fifty dollars, exclu- Liste
district courts. siye of costs, may be re-examined and reversed or atfirmed in a circuit court, holden in the same district, upon a writ of error.
Circuit court in SEC. 634. The circuit court in and for the three districts of Alabama and for the three shall exercise appellate and revisory jurisdiction of the decrees and districts of Ala bama.
judgments of the district courts for the said districts, under the laws conferring and regulating the jurisdiction, powers, and practice of circuit courts in cases removed into such courts by appeal or writ of
error. Writs of error SEC. 635. No judgment, decree, or order of a district court shall be and appeals with.
. reviewed by a circuit court, on writ of error or appeal, unless the writ in one year.
of error is sued out, or the appeal is taken, within one year after the entry of such judgment, decree, or order: Provided, That where a party entitled to prosecute a writ of error or to take an appeal is an infant, or non compos mentis, or imprisoned, such writ of error may be prosecuted, or such appeal may be taken, within one year after the entry of the judgment, decree, or order, exclusive of the term of such disability.
[See ♡ 1008.* 1 Judgment or SEC. 636. A circuit court may affirm, modify, or reverse any judgment, decree on review. decree, or order of a district court brought before it for review, or may
direct such judgment, decree, or order to be rendered, or such further proceedings to be had by the district court, as the justice of the case
may require. Jurisdiction of Sec. 637. When any cause, civil or criminal, of whatever nature, is cases transferred from district re
04 removed into a circuit court, as provided by law, from a district court courts on account wherein the same is cognizable, on account of the disability of the of disability, &c. judge of such district court, or by reason of his being concerned in inter
est therein, or having been of counsel for either party, or being so related to or connected with either party to such cause as to render it improper, in his opinion, for him to sit on the trial thereof, such circuit court shall have the same cognizance of such cause, and in like manner, as the said district court might have, or as said circuitt might have if the sanie bad beep originally and lawfully commenced therein; and shall proceed
to hear and determine the same accordingly. Courts always SEC. 638. The circuit courts, as courts of equity, shall be deemed open for certa purposes.
always open for the purpose of filing any pleading, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, rules, and other proceedings, preparatory to the bearing, upon their merits, of all causes pending therein. And any judge of a circuit court may, upon reasonable notice to the parties, make, and direct and award, at chambers or in the clerk's office, and in vacation as well as in term, all such process, commissions, orders, rules, and other proceedings, whenever the same are not grantable, of course, ac
cording to the rules and practice of the court. Removal of SEC. 639. Any suit comienced in any State court, wherein the amount suits against in dispute, exclusive of costs, exceeds the sum or value of five hundred aliens, &c., whero
dollars, to be made to appear to the satisfaction of said court, may be amount of $500 in dispute.
removed, for trial, into the circuit court, for the district where such suit is pending, next to be held af er the filing of the petition for such removal hereinafter mentioned, in the cases and in the manner stated in this section.
First. When the suit is against an alien, or is by a citizen of the State wherein it is brought, and against a oitizen of another State, it may be removed on the petition of such defendant, tiled in said State court at the time of entering his appearance in said State court.
Second. When the suit is against an alien and a citizen of the State wherein it is brought, or is by a citizen of such State against a citizen of the same, and a citizen of another State, it may be so removed, as against said alien or citizen of auother State, upon the petitiou of such defendant, filed at any time before the trial or final hearing of the cause, if, so far as it relates to him, it is brought for the purpose of restraining or enjoining him, or is a suit in which there can be a final deterınination of the controversy, so far as concerns him, without the presence of the other defendants as parties in the cause. But such removal shall not take away or prejudice the right of the plaintiff to proceed at the same time with the suit in the State court, as against the other defendants.
* Sec. 1008. No judgment, decree, or order of a circuit or district court, in any civil action, at law or in equity, shall be reviewed in the Supreme Court, on writ of error or appeal, unless the writ of error is brought, or the appeal is taken, within two years after the entry of such judgment, decree, or order: Provided, That where a party entitled to prosecute a writ of error or to take an appeal is an infant, insane person, or imprisoned, such writ of error may be prosecuted, or such appeal may be taken, within two years after the judgment, decree, or order, exclusive of the term of such dis. ability.
| The word court omitted in the Roll.
Third. When a suit is between a citizen of the State in which it is bronight and a citizen of another State, it may be so removed on the petition of the latter, whether he be plaintiff or defendant, filed at any time before the trial or final hearing of the suit, if, before or at the time of filing said petition, he makes and files in said State court an affidavit, stating that he bas reason to believe and does believe that, from prejudice or local influence, he will not be able to obtain justice in such State court.
In order to such removal, the petitioner in the cases aforesaid must, at the time of filing his petition therefor, offer in said State court good and sufficient surety for his entering in such circuit court, on the first day of its session, copies of said process against him, and of all pleadings, depositions, testimony, and other proceedings in the cause, or, in said cases where a citizen of the State in which the suit is brought is a defendant, copies of all process, pleadings, depositions, testimony, and other proceedings in the cause concerning or affecting the petitioner, and also for his there appearing and entering special bail in the cause, if special bail was originally requisite therein. It shall thereupon be the duty of the State court to accept the surety and to proceed no further in the cause against the petitioner, and any bail that may have been originally taken shall be discharged.
When the said copies are entered as aforesaid in the circuit court, the cause shall there proceed in the same manner as if it had been brought there by original process, and the copies of pleadings shall have the same force and effect, in every respect and for every purpose, as the original pleadings would bave had by the laws and practice of the courts of such State if the cause had remained in the State court.
SEC. 640. Any suit commenced in any court other than a circuit or Removal of district court of the United States against any corporation other than a suits against corbanking corporation, organized under a law of the United States, or po
ized under a law against any member thereof as such member for any alleged liability of of United States. such corporation, or of such member as a member thereof, may be removed, for trial, in the circuit court for the district where such suit is pending, upon the petition of such defendant, verified by oath, stating that such defendant has a defense arising under or by virtue of the Constitution or of any treaty or law of the United States. Such removal, in all other respects, shall be governed by the provisions of the preceding section.
SEC. 641. When any civil suit or criminal prosecution is commenced Removal of in any State court, for any cause whatsoever, against any person who
who causes against
persons denied is denied or cannot enforce in the judicial tribunals of the State, or in all civil right, &c. the part of the State where such suit or prosecution is pending, any right secured to him by any law providing for the eqnal civil rights of citizens of the United States, or of all persons within the jurisdiction of the United States, or against any officer, civil or military, or other person, for any arrest or imprisonment or other trespasses or wrongs, made or coinmitted by virtue of or under color of authority derived from any law providing for equal rights as aforesaid, or for refusing to do any act on the ground that it would be inconsistent with such law, such suit or prosecution may, upon the petition of such defendant, filed in said State court, at any time before the trial or final hearing of the cause, stating the facts and verified by oath, be removed for trial, into the next circuit court to be held in the district where it is pending. Upon the filing of such petition all further proceedings in the State courts shall cease, and shall not be resumed except as hereinafter provided. But all bail and other security given in such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judgment and execution in the State court. It shall be the duty of the clerk of the State court to furnish such defendant, petitioning for a removal, copies of said process against him, and of all pleadings, depositions, testimony, and other proceedings in the case. If such copies are filed by said petitioner in the circuit court on the first day of its session, the cause shall proceed therein in the same manner as if it had been brought there by original process; and if the said clerk refuses or neglects to furnish such copies, the petitioner may thereupon docket the