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case in the circuit court, and the said court sball then have jurisdiction therein, and may, upon proof of such refusal or neglect of said clerk, and upon reasonable notice to the plaintiff, require the plaintiff' to file a declaration, petition, or complaint in the cause; and, in case of his default, may order a nonsuit and dismiss the case at the costs of the plaintiff, and such dismissal shall be a bar to any further suit touching the matter in controversy. But if, without such refusal or neglect of said clerk to furnish such copies and proof thereof, the petitioner for removal fails to file copies in the circuit court as herein provided, a certificate, under the seal of the circuit court, stating such failure, shall be given, and upon the production thereof in said State court, the cause shall proceed therein as if no petition for a removal had been filed.
[See Ø 1977, CIVIL Rights.] When petition. SEC. 642. When all the acts necessary for the removal of any suit or er is in actual prosecution, as provided in the preceding section, have been performed, custody of State and the defendant petitioning for such removal is in actual custody on court.
process issued by said State court, it shall be the duty of the clerk of said circuit court to issue a writ of habeas corpus cum causa, and of the marshal, by virtue of said writ, to take the body of the defendant into bis custody, to be dealt with in said circuit court according to law and the orders of said court, or, in vacation, of any judge thereof; and the marshal shall file with or deliver to the clerk of said State court a dupli
cate copy of said writ. Removal of Sec. 643. When any civil suit or criminal prosecution is commenced suits and prose- in any court of a State against any officer appointed under or acting by cutions against authority of any revenue law of the United States now or hereafter enrevenue officers and officers act. acted, or against any person acting under or by authority of any such ing under regis- officer, on account of any act done under color of his office or of any tration laws. such law, or on account of any right, title, or authority claimed by such
officer or other person under any such law; or is commenced against
it shall be the duty of the marshal, by virtue 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 according to law and the order of the circuit court, or, in vacation, of any judge thereof; and if, upon the removal of such suit or prosecution, it is made to appear to the circuit court that no copy of the record and proceedings therein in the State court can be obtained, the circuit court may allow and require 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. On failure of the plaintiff so to proceed, judgment of uon prosequitur may be rendered against him, with costs for the defendant.
SEC. 644. Whenever a personal action has been or shall be brought Removal of in any State court by an alien against any citizen of a State who is, or suits by aliens in at the time the alleged action accrued was, a civil officer of the United a particular case. States, being a non-resident of that State wherein jurisdiction is obtained by the State court, by personal service of process, such action may be removed into the circuit court of the United States in and for the district in which the defendant shall have been served with the process, in the same manner as now provided for the removal of an action brought in a State court by the provisions of the preceding section.
Sec. 645. In any case where a party is entitled to copies of the record When copies of and proceedings in any suit or prosecution in a State court, to be used records are rein any court of the United States, if the clerk of said State court, upon to
fused by clerk of
State court. demand, and the payment or tender of the legal fees, refuses or neglects to deliver to him certified copies of such records and proceedings, the court of the United States in which such record and proceedings are needed may, on proof by affidavit that the clerk of said State court has refused or neglected to deliver copies thereof, on demand as aforesaid, direct such record to be supplied by affidavit, or otherwise, as the circumstances of the case may require and allow; and, thereupon, such proceeding, trial, and judgment may be had in the said court of the United States, and all such processes awarded, as if certified copies of such records and proceedings had been regularly before the said court.
SEC. 646. When a suit is removed for trial from a State court to a cir- Attachments. cuit court, as provided in the foregoing sections, any attachment of the injunctions, and goods or estate of the defendant by the original process shall hold the indemnity, bonds same to answer the final judgment, in the same manner as by the laws to remain in force
after removal. of such State they would have been held to answer final judgment had it been reudered by the court in which the suit was commenced ; and any injunction granted before the removal of the cause against the defendant applying for its removal shall continue in force until modified or dissolved by the United States court into which the cause is removed ; and any bond of indemuity or other obligation, given by the plaintiff upon the issuing or granting of any attachment, writ of injunction, or other restraining process, against the defendant petitioning for the removal of the cause, shall also continue in full force and may be prosecuted by the defendant and made available for his indemnity in case the attachment, injunction, or other restraining process be set aside or dissolved, or judgment be rendered in his favor, in the same manner, and with the same effect as if such attachment, injunction, or other restraining process had been granted, and such bond had been originally filed or given in such State court.
Sec. 647. If, in any action commenced in a State court, where the Removal:of title of land is concerned, and the parties are citizens of the same State, suits where par:
ties claim land and the matter in dispute, exclusive of costs, exceeds the sum or value under titles from of five hundred dollars, the sum or value being made to appear to the different States. satisfaction of the court, either party, before the trial, states to the conrt, and makes affidavit, if they require it, that he claims and shall rely upon a right or title to the land under a grant from a State other than that in which the suit is pending, and produces the original grant, or an exemplification of it, except where the loss of public records shall put it out of his power, and moves that the adverse party inform the court whether he claims a right or title to the land under a grant from the State in which the suit is pending, the said adverse party shall give such information, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial; and if he gives information that he does claim under such grapt, the party claiming under the grant first mentioned may, on motion, remove the cause for trial into the next circuit court to be holden in the district where such suit is pending. If
the party so removing the cause is defendant, the removal shall be made under the regulations governing removals of a cause into such court by an alien ; and neither party removing the cause shall be allowed to plead or give evidence of any other title than that stated by him as
aforesaid as the ground of his claim. Issues of fact. Sec. 648. The trial of issues of fact in the circuit courts shall be by when to be tried jury, except in cases of equity and of admiralty and maritime jurisdicby a jury. tion, and except as otherwise provided in proceedings in bankruptcy,
apd by the next section. Issues of fact Sec. 649. Issues of fact in civil cases in any circuit court may be tried tried by the court. and determined by the court, without the intervention of a jury, when
ever the parties, or their attorneys of record, file with the clerk a stipulation in writing waiving a jury. The finding of the court upon the facts, which may be either general or special, shall have the same effect
as the verdict of a jury. [See Ø 700, SUPREME COURT.] Division of. SEC. 650. Whenever, in any civil suit or proceeding in a circuit court opinion in civil held by a circuit justice and a circuit judge or a district judge, or by a causes; decision circuit judge and a district judge, there occurs any difference of opinion by presiding het
ing between the judges as to any matter or thing to be decided, ruled, or judge.
ordered by the court, the opinion of the presiding justice or judge shall prevail, and be considered the opinion of the court for the time being.
SEC. 651. Whenever any question occurs on the trial or hearing of any criminal proceeding before a circuit court upon which the judges are divided in opinion, the point upon which they disagree shall, during the sanie term, upon the request of either party, or of their counsel, be stated under the direction of the judges, and certified, under the seal of the court, to the Supreme Court at their next session; but nothing herein contained shall prevent the cause from proceeding if, in the opinion of the court, further proceedings can be bad without prejudice to the merits. Imprisonment shall not be allowed nor punishment inflicted in any case where the judges of such court are divided in opinion upon the
question toucbing the said imprisonment or punishment. [See Ø 697.] Division of Sec. 652. When a final judgment or decree is entered in any civil suit opinion in civil or proceeding before any circuit court held by a circuit justice and a causes; certifi. circuit judge or a district judge, or by a circuit judge and a district
judge, in the trial or hearing whereof any question has occurred upon which the opinions of the judges were opposed, the point upon which they so disagreed shall, during the same term, be stated under the direction of the judges, and certified, and such certificate shall be entered of
record. [See Ø 693, SUPREME COURT.] Effect of alter- SEC. 660. No action, suit, proceeding, or process in any circuit court ing terms of cir- shall abate or be rendered invalid by reason of any act changing the cuit courts. time of holding such court; but the same shall be deemed to be returnSee all acts al.
al. able to, pending, and triable in the terins established, next after the tering terms.
return day thereof.
[Sections 653, 654, 655, and 656 relate to the circuit court of Missouri, and 657 to the circuit court of New York.]
Sec. 673. Number of justices.
676. Salaries. 674. Precedence of the associate justices.
684. Terms. 675. Vacancy in the office of Chief Justice. Title 13, Chap. 9. SEC. 673. The Supreme Court of the United States sball consist of a
- Chief Justice of the United States and eight associate justices, any six Number of jus- of whom shall constitute a quorum. tices.
Precedence of Sec. 674. The associate justices shall have precedence according to the associate jus- the dates of their commissions, or, when the commissions of two or more tices.
of them bear the same date, according to their ages. Vacancy in the SEC. 675. In case of a vacancy in the office of Chief Justice, or of his office of Chiefinability to perform the duties and powers of his office, they shall deJustice.
volve upon the associate justice who is first in precedence, until such disability is removed, or another Chief Justice is appointed and duly qualified. This provision shall apply to every associate justice who suc
ceeds to the office of Chief Justice. Salaries of SEC. 676. The Chief Justice of the Supreme Court of the United judges.
States sball receive the sum of ten thousand five hundred dollars a year, and the justices thereof shall receive the sum of ten thousand dollars a year each, to be paid monthly.
SEC. 684. The Supreme Court shall hold, at the seat of Government, Title 13, Chap.10. one term annually, commencing on the second Monday in October, and Tannie such adjourned or special terms as it may find necessary for the dispatch of business; and suits, proceedings, recognizances, and processes pending in or returnable to said court shall be tried, heard, and proceeded with as if the time of holding said sessions 'had not been hereby altered.
700. Cases tried by the circuit court, without the 683. Writs of prohibition and mandamus.
intervention of a jury. 689. Issues of fact.
701. Judgment or decree on review. 690. Appellate jurisdiction.
702. Writs of error and appeals from territorial 691. Judgments in circuit court on writ of error.
courts. 692. Appeals in equity and admiralty cases.
703. When a Territory becomes a State after judg. 693. Review of decisions of circuit court on cer
ment or decree in territorial court. tificate of division of opinion.
704. Judgments and decrees of district courts in 694. Cases pending in Supreme Court from middle
cases transferred from territorial courts. and northern districts of Alabama.
705. Judgments and decrees of supreme court of 695. Appeals in prize causes.
District of Columbia. 696. Appeals in prize causes remaining in circuit 706. Cases where matter in dispute exceeds $100. courts.
707. Appeals from the Court of Claims. 697. Points certified on division of opinion in a 708. Time and manner of appeals from the Court circuit court.
of Claims. 698. Transcripts on appeals.
709. Judgments and decrees of State courts on 699. Writs of error and appeals, without refer.
writ of error. ence to amount.
710. Precedence of writs of error to State courts
in criminal cases. SEC. 687. The Supreme Court sball have exclusive jurisdiction of all Title;13, Chap. 11' controversies of a civil nature where a State is a party, except between
Original jurisa State and its citizens, or between a State and citizens of other States, diction. or aliens, in which latter cases it shall have original, but not exclusive, jurisdiction. And it shall have exclusively all such jurisdiction of suits or prccedngs against embassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have consistently with the law of nations; and original, but not exclusive, jurisdiction of all suits brought by embassadors, or other public ministers, or in which a consul or vice-consul is a party. [See Ø 4063–4066, FOREIGN RELATIONS.
SEC. 688. The Supreme Court shall have power to issue writs of pro Writs of prohi. hibition to the district courts, when proceeding as courts of admiralty bition and man- . and maritime jurisdiction; and writs of mandamus, in cases warranted damus. by the principles and usages of law, to any courts appointed under the authority of the United States, or to persons holding office under the authority of the United States, where a State, or an embassador, or other public minister, or a consul or vice-consul is a party.
SEC. 689. The trial of issues of fact in the Supreme Court, in all Issues of fact. actions at law against citizens of the United States, shall be by jury.
SEC. 690. The Supreme Court shall have appellate jurisdiction in the Appellate juris. cases hereinafter specially provided for.
diction. SEC. 691. All final judgments of any circuit court, or of any district
Judom court acting as a circuit court, in civil actions brought there by origi- circuit court. on nal process, or removed there from courts of the several States, and all writ of error. final judgments of any circuit court in civil actions removed there from any district court by appeal or writ of error, where the matter in dispute, exclusive of custs, exceeds the sum or value of two thousand dol. Jars, may be re-examined and reversed or affirmed in the Supreme Court, upon a writ of error.
Sec. 692. An appeal shall be allowed to the Supreme Court from all Appeals in final decrees of any circuit court, or of any district court acting as a equity and admi. circuit court, in cases of equity, and of admiralty and maritime jurisdic- ralty cases. tion, where the matter in dispute, exclusive of costs, exceeds the sum or value of two thousand dollars, and the Supreme Court is required to receive, hear, and determine such appeals.
SEC. 693. Any final judgment or decree, in any civil suit or proceed- Review of deing before a circuit court which was held, at the time, by a circuit jus- cisions of circuit
court on certifi. tice and a circuit judge or a district judge, or by the circuit judge and cate of division a district judge, wherein the said judges certify as provided by law, that of opinion. their opinions were opposed upon any question which occurred on the trial or hearing of the said suit or proceeding, may be reviewed and affirmed or reversed or modified by the Supreme Court, on writ of error or appeal, according to the nature of the case, and subject to the provisions of law applicable to other writs of error or appeals in regard to bail and supersedeas. [See Ø 652, p. 146.]
· Cases pending Sec. 694. Nothing in the act of March three, eighteen hundred and in Supreme Court
urf seventy-three, relating to the circuit and district courts for the middle from middle and northern dis. and northern districts of Alabama, shall affect the jurisdiction of the tricts of Ala- Supreme Court to hear and determine any cause or proceeding pending bama.
in said court at the date of said act on writ of error or appeal from the
district courts of either of said districts. Appeals in prize Sec. 695. An appeal shall be allowed to the Supreme Court from all
final decrees of any district court in prize causes, where the matter in dispute, exclusive of costs, exceeds the sum or value of two thousand dollars; and shall be allowed, without reference to the value of the matter in dispute, on the certificate of the district judge that the adjudication involves a question of general importance. And the Supreme Court shall receive, hear, and determine such appeals and shall always
be open for the entry thereof. [See Ø 1009, Prize.] Appeals in SEC. 696. An appeal shall be allowed to the Supreme Court from all prize causes re- final decrees of any circuit court in prize causes depending therein on maiping 11 cir- the thirtieth day of June, eighteen hundred and sixty-four, in the same cuit courts.
manner, and subject to the same conditions as appeals in prize causes
from the district courts. Points certified SEC. 697. When any question occurs on the hearing or trial of any on division of criminal proceeding before a circuit court, upon which the judges are opinion in a cir- divided in opinion, and the point upon which they disagree is certified cuit court.
to the Supreme Court according to law, such point shall be finally decided by the Supreme Court; and its decision and order in the premises shall be remitted to such circuit court, aud be there entered of record, and shall have effect according to the nature of the said judgment and
order. [See ø 651, page 146.] Transcripts on SEC. 698. Upon the appeal of any cause in equity, or of admiralty and appeals.
maritime jurisdiction, or of prize or no prize, a transcript of the record, as directed by law to be made, and copies of the proofs, and of such entries and papers on file as may be necessary on the hearing of the appeal, shall be transmitted to the Supreme Court: Provided, That either the court below or the Supreme Court may order any original document or other evidence to be sent up, in addition to the copy of the record, or in lieu of a copy of a part thereof. And on such appeals no new evidence shall be received in the Supreme Court, except in admiralty and
prize causes. [See Ø 750, page 155.] Writs of error SEC. 699. A writ of error may be allowed to review any final judgand appeals, ment at law, and an appeal shall be allowed from any final decree in without refer-equity hereinafter mentioned, without regard to the sum or value in ence to amount.
Patent and First. Any final judgment at law or final decree in equity of any cir. copyright cases. cuit court, or of any district court acting as a circuit court, or of the
supreme court of the District of Columbia, or of any Territory, in any
case touching patent-rights or copyrights. Actions for en. Second. Any final judgment of a circuit court, or of any district court forcement of any acting as a circuit court, in any civil action brought by the United States revenue law.
for the enforcement of any revenue law thereof. Actions against Third. Any final judgment of a circuit court, or of any district court revenue officers. acting as a circuit court. in any civil action against any officer of the
revenue for any act done by him in the performance of his official duty, or for the recovery of any money exacted by or paid to him which shall
have been paid into the Treasury. Cases on ac. Fourth. Any final judgment at law or final decree in equity of any count of depriva; circuit court, or of any district court acting as a circuit court, in any tion of rights of citizens or under
under case brought on account of the deprivation of any right. privilege, or the Constitution. immunity secured by the Constitution of the United States, or of any
right or privilege of a citizen of the United States. Suits for inju- Fifth. Any final judgment of a circuit court, or of any district court ries by conspira; acting as a circuit court, in any civil action brought by any person ou tors against civil rights.
Waccount of injury to his person or property by any act done in further
ance of any conspiracy mentioned in section nineteen hundred aud
eighty, Title “CIVIL RIGHTS." . Cases tried by SEC. 700. When an issue of fact in any civil cause in a circuit court is the circuit court tried and determined by the court without the intervention of a jury, acwithout the inter
cording to section six hundred and forty-nine, the rulings of the court in vention of a jury.
the progress of the trial of the cause, if excepted to at the time, and duly presented by a bill of exceptions, may be reviewed by the Supreme Court upon a writ of error or upon appeal; and when the finding is special the