in the same manner as if it had been originally commenced in the said Circuit Court; 9 "And if in any action commenced in a State court the title of land be concerned, and the parties are citizens of the same State, and the matter in dispute exceed the sum or value of two thousand dollars, exclusive of interest and costs, the sum or value being made to appear, one or more of the plaintiffs or defendants, before the trial, may state to the court, and make affidavit if the court require it, that he or they claim and shall rely upon a right or title to the land under a grant from a State, and produce the original grant, or an exemplification 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 State, the party or parties so required shall give such information, or otherwise not be allowed to plead such grant or give it in evidence upon the trial; "And if he or they inform that he or they do claim under such grant, any one or more of the party moving for such information may then, on petition and bond, as herein before 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 one of either party removing the cause shall not be allowed to plead or give evidence of any other title than that by him or them stated as aforesaid as the ground of his or their claim."10 § 9. The validity of proceedings had in a State court before removal is preserved by the act of 1875, § 4.1"Sec. 4. That when any suit shall be removed from a State court to a Circuit Court of the United States, any attachment or sequestration of the goods or estate of the defendant had in such suit in the State court shall hold the goods or estate so attached or sequestered to answer the final judgment or decree in the same manner as by law they would Post ch. XV. 10 Post ch. XIV. § 9. 118 St. L. 470, 1 Supp. Rev. St. (2 Ed.) 83. by the act of 1875, § 3, was somewhat modified by § 1 of the amendatory act of 1887-8.5 Section three of said act was thereby amended so as to read as follows: "Sec. 3. That whenever any party entitled to remove any suit mentioned in the next preceding section, except in such cases as are provided for in the last clause of said section, may desire to remove such suit from a State court to the Circuit Court of the United States, he may make and file a petition in such suit in such State court at the time, or any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or plead to the declaration or complaint of the plaintiff, for the removal of such suit into the Circuit Court to be held in the District where such suit is pending, and shall make and file therewith a bond, with good and sufficient surety, for his or their entering in such Circuit Court, on the first day of its then next session, a copy of the record in such suit, and for paying all costs that may be awarded by the said Circuit Court if said Court shall hold that such suit was wrongfully or improperly removed thereto, and also for their [there?] appearing and entering special bail in such suit if special bail was originally requisite therein.7 "It shall then be the duty of the State court to accept said petition and bond, and proceed no further in such suit;8 "And the said copy being entered as aforesaid in said Circuit Court of the United States, the cause shall then proceed party inform the court whether he or they claim a right or title to the land under a grant from some other State, the party or parties so required shall give such information, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial; and if he or they inform that he or they do claim under such grant, any one or more of the party moving for such information may then, on petition and bond as hereinbefore 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 one of either party removing the cause shall not be allowed to plead or give evidence of any other title than that by him or them stated as aforesaid as the ground of his or their claim, and the trial of issues of fact in the Circuit Courts shall, in all suits except those of equity and of admiralty and maritime jurisdiction, be by jury." 18 St. L. 470. 525 St. L. 433, 1 Supp. Rev. St. (2 Ed.) 611. 6 Post ch. X. in the same manner as if it had been originally commenced in the said Circuit Court; " 9 "And if in any action commenced in a State court the title of land be concerned, and the parties are citizens of the same State, and the matter in dispute exceed the sum or value of two thousand dollars, exclusive of interest and costs, the sum or value being made to appear, one or more of the plaintiffs or defendants, before the trial, may state to the court, and make affidavit if the court require it, that he or they claim and shall rely upon a right or title to the land under a grant from a State, and produce the original grant, or an exemplification 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 State, the party or parties so required shall give such information, or otherwise not be allowed to plead such grant or give it in evidence upon the trial; "And if he or they inform that he or they do claim under such grant, any one or more of the party moving for such information may then, on petition and bond, as herein before 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 one of either party removing the cause shall not be allowed to plead or give evidence of any other title than that by him or them stated as aforesaid as the ground of his or their claim."10 § 9. The validity of proceedings had in a State court before removal is preserved by the act of 1875, § 4.1"Sec. 4. That when any suit shall be removed from a State court to a Circuit Court of the United States, any attachment or sequestration of the goods or estate of the defendant had in such suit in the State court shall hold the goods or estate so attached or sequestered to answer the final judgment or decree in the same manner as by law they would Post ch. XV. 10 Post ch. XIV. § 9. 18 St. L. 470, 1 Supp. Rev. St. (2 Ed.) 83. have been held to answer final judgment or decree had it been rendered by the court in which said suit was commenced; "And all bonds, undertakings, or security given by either party in such suit prior to its removal shall remain valid and effectual, notwithstanding said removal; "And all injunctions, orders, and other proceedings had in such suit prior to its removal shall remain in full force and effect until dissolved or modified by the Court to which such suit shall be removed." 2 § 10. A suit improperly removed from a State court should be remanded thereto by a Circuit Court, under the act of 1875, § 5.1-"Sec. 5. That if, in any suit commenced in a Circuit Court, or removed from a State court to a Circuit Court of the United States, it shall appear to the satisfaction of said Circuit Court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said Circuit Court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said Circuit Court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed as justice may require, and shall make such order as to costs as shall be just; [but the order of said Circuit Court dismissing or remanding said cause to the State court shall be reviewable by the Supreme Court on writ of error or appeal, as the case may be.]" 2 § 11. The Circuit Court begins, in a removed case, where the State court quit, under the act of 1875, § 6.1-“Sec. 6. That the Circuit Court of the United States shall, in all suits removed under the provisions of this act, proceed therein as if the suit had been originally commenced in said Circuit Court, and the same proceedings had been taken in such suit in said Circuit Court as shall have been had therein in said State court prior to its removal." 2 § 12. A removing party is excused from filing the record of the State court in the Circuit Court, in certain cases, by the act of 1875, § 7,1-"Sec. 7. That in all causes removable under 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 application to file said copy of record in said Circuit Court and enter appearance therein; and if done within said twenty days, such filing and appearance shall be taken to satisfy the said bond in that behalf; "That if the 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, after tender of legal fees for such copy, said clerk so offending shall be deemed guilty of a misdemeanor, and, on conviction thereof in the Circuit Court of the United States to which said action, or proceeding was removed, shall be punished by imprisonment not more than one year, or by fine not exceeding one thousand dollars, or both in the discretion of the Court. "And the Circuit Court to which any cause shall be removable under this act, shall have power to issue a writ of certiorari to said State court commanding said State court to make return of the record in any such cause removed 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 enforce said writ according to law; "And if it shall be impossible for the parties or persons removing any cause under this act, or complying with the 2 Post ch. XV. $12. 118 St. L. 470, 1 Supp. Rev. St. (2 Ed.) 83. |