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in district where the time of serving such process or commencing such proceeding, except defendant resides as hereinafter provided;
or is found, except,
&c. R. S, §§ 740-745. 3 Hughes, 249.
Suits not to be Nor shall any circuit or district court have cognizance of any suit maintained by as- founded on contract in favor of an assignee, unless a suit might have signee of original parties who could been prosecuted in such court to recover thereon if no assignment had not have brought been made, except in cases of promissory notes negotiable by the law same, except, &c. merchant and bills of exchange.
R. S., § 629, par.
13 Blatch., 435; 17 Ib., 19; 7 Bissell, 354, 360.
Appellate juris- And the circuit courts shall also have appellate jurisdiction from the diction of circuit district courts under the regulations and restrictions prescribed by law,
to circuit courts.
Suits removable SEC. 2. That any suit of a civil nature, at law or in equity, now pendfrom State courts ing or hereafter brought in any State court where the matter in dispute R. S., § 639-643; exceeds, exclusive of costs, the sum or value of five hundred dollars, and 94 U. S., 4, 650; 96 arising under the Constitution or laws of the United States, or treaties Ib., 199; 98 Ib., made, or which shall be made, under their authority, or in which the 403; 99 Ib., 80, 147; United States shall be plaintiff or petitioner, or in which there shall be 100 Ib., 457; 101 Ib., 289, 610; 7 a controversy between citizens of different States, or a controversy beBissell, 103, 449, tween citizens of the same State claiming lands under grants of differ497; 3 Dill., 284; ent States, or a controversy between citizens of a State and foreign 4 Ib., 242, 260, 264, States, citizens, or subjects, either party may remove said suit into the 277, 425, 474; 5 circuit court of the United States for the proper district. Ib., 223, 489;63
Ala., 349; 3 Sawyer, 553; 4 Ib., 178; 5 Ib., 494; 3 Woods, 56, 222, 273, 277, 397, 413, 487, 620, 683, 715; 13 Blatch., 170, 395; 14 Ib., 214, 449, 451, 496; 15 Ib., 405, 433; 16 Ib., 48, 150, 182, 233, 309, 319; 17 Ib., 342, 363, 369, 370, 452, 511; 13 N. Y. Supreme, 197; 16 lb., 397 (reversed 74 N. Y., 53);· 17 Ib., 383; 18 Ib., 370, 462; 20 Ib., 332, and 76 N. Y., 207; 27 N. Y. Supreme, 239; 52 N. Y., 96; 64 Ib., 449; 65 Ib., 195; 67 ĺb., 544; 64 Ind., 360; 25 Minn., 534; 30 La. Ann., 1, 471, 1305; 31 Ib., 41, 363; 35 Mich., 146; 122 Mass., 431; 102 U. S. 135.
where the con- And when in any suit mentioned in this section there shall be a controversy is wholly troversy which is wholly between citizens of different States, and which between citizens of can be fully determined as between them, then either one or more of the
plaintiffs or defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Petitions, bonds, SEC. 3. That whenever either party, or any one or more of the plaintand proceedings iffs or defendants entitled to remove any suit mentioned in the next prefor removal of suits ceding section shall desire to remove such suit from a State court to the from State to Fed- circuit court of the United States, he or they may make and file a peti100 U. S., 457; tion in such suit in such State court before or at the term at which said 13 Blatch., 170, cause could be first tried and before the trial thereof for the removal 218, 231, 267; 14 of such suit into the circuit court to be held in the district where such 403; 7 Bissell, 103; suit is pending, and shall make and file therewith a bond, with good and 4 Dillon, 559, 563, sufficient surety, for his or their entering in such circuit court, on the 566; 2 Wood, 117; first day of its then next session, a copy of the record in such suit, and 3 Hughes, 234, 449, for paying all costs that may be awarded by the said circuit court, if 452; 122 Mass., 431; said court shall hold that such suit was wrongfully or improperly re28 N. J. Equity, 117; 17 Blatch., moved thereto, and also for there appearing and entering special bail 363, 522. in such suit, if special bail was originally requisite therein, it shall then be the duty of the State court to accept said petition and bond, and proceed no further in such suit, and any bail that may have been originally taken shall be discharged; and 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 commenced in the said circuit court;
Suits concerning And if in any action commenced in a State court the title of land be conreal estate claimed under State grants cerned, and the parties are citizens of the same State, and the matter in between citizens of dispute exceed the sum or value of five hundred dollars, exclusive of same State, how costs, the sum or value being made to appear, one or more of the plaintremoved from iffs 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 R. S., § 647. upon a right or title to the land under a grant from a State, and pro
State to Federal courts.
duce 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 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;
No other title to
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 be pleaded. 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.
Issues of fact in
circuit court to be tried by jury, except in equity, ad649. 100 U. S., 208.
miralty, and maritime cases. R. S., §§ 648, SEC. 4. That when any suit shall be removed from a State court to a In cases removed circuit court of the United States, any attachment or sequestration of from State courts, previous attachthe goods or estate of the defendant had in such suit in the State court ments, bonds, seshall hold the goods or estate so attached or sequestered to answer the curity, orders, &c., final judgment or decree in the same manner as by law they would have to remain valid. R. S., § 646. been held to answer final judgment or decree had it been rendered by 13 Blatch., 227. the court in which such suit was commenced; 7 Bissell, 245.
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.
SEC. 5. That if, in any suit commenced in a circuit court, or removed Suits improperly from a State court to a circuit court of the United States, it shall appear brought in or reto the satisfaction of said circuit court, at any time after such suit has moved to circuit court may be disbeen brought or removed thereto, that such suit does not really and missed or remandsubstantially involve a dispute or controversy properly within the juris- ed. diction 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;
94 U. S., 4.
subject to review
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 by Supreme Court. error or appeal, as the case may be.
R. S., §§ 690–701.
In suits removed
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 to circuit court, had been originally commenced in said circuit court, and the same pro- as in other cases. proceedings to be ceedings had been taken in such suit in said circuit court as shall have been had therein in said State court prior to its removal.
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;
13 Blatch., 227. 15 Blatch., 403. 3 Hughes, 449. time for filing copy of record and appearance in.
3 Hughes, 452.
That if the clerk of the State court in which any such cause shall be refusal of clerk pending, shall refuse to any one or more of the parties or persons ap
of State court to
R. S., 645.
furnish copies, plying to remove the same, a copy of the record therein, after tender of how punished. 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 fiue not exceeding one thousand dollars, or both in the discretion of the court.
-court may issue And the circuit court to which any cause, shall be removable under mandamus to com- this act shall have power to issue a writ of certiorari to said State court pel return of reccommanding said State court to make return of the record in any such ord, &c., or may make order as to cause removed as aforesaid, or in which any one or more of the plaintproduction of iffs or defendants have complied with the provisions of this act for the copy, &c. removal of the same, and enforce said writ according to law;
cuit courts to en
And if it shall be impossible for the parties or persons removing any cause under this act, or complying with the provisions for the removal thereof, to obtain such copy, for the reason that the clerk of said State court refuses to furnish a copy, on payment of legal fees, or for any other reason, the circuit court shall make an order requiring the prosecutor in any such action or proceeding to enforce forfeiture or recover penalty as aforesaid, to file a copy of the paper or proceeding by which the same was commenced, within such time as the court may determine; and in default thereof the court shall dismiss the said action or proceeding;
But if said order shall be complied with, then said circuit court shall require the other party to plead, and said action, or proceeding shall proceed to final judgment; and the said circuit court may make an order requiring the parties thereto to plead de novo; and the bond given, conditioned as aforesaid, shall be discharged so far as it requires copy of the record to be filed as aforesaid.
SEC. 8. That when in any suit, commenced in any circuit court of the ants in suits in cir- United States, to enforce any legal or equitable lien upon, or claim to, force liens, remove or to remove any incumbrance or lien or cloud upon the title to real or incumbrances or personal property within the district where such suit is brought, one or cloud on title to more of the defendants therein shall not be an inhabitant of, or found property, how within, the said district, or shall not voluntarily appear thereto, it shall served with pro- be lawful for the court to make an order directing such absent defendR. S., §§ 737,738. ant or defendants to appear, plead, answer, or demur, by a day certain to be designated, which order shall be served on such absent defendant or defendants, if practicable, wherever found, and also upon the person or persons in possession or charge of said property, if any there be;
Or where such personal service upon such absent defendant or defendants is not practicable, such order shall be published in such manner as the court may direct, not less than once a week for six consecutive weeks;
And in case such absent defendant shall not appear, plead, answer, or demur within the time so limited, or within some further time, to be allowed by the court, in its discretion, and upon proof of the service or publication of said order, and of the performance of the directions contained in the same, it shall be lawful for the court to entertain jurisdiction, and proceed to the hearing and adjudication of such suit in the same manner as if such absent defendant had been served with process within the said district;
But said adjudication shall, as regards said absent defendant or deagainst, to affect fendants without appearance, affect only the property which shall have only property. been the subject of the suit and under the jurisdiction of the court therein, within such district,
-such suits may
And when a part of the said real or personal property against which be brought in such proceeding shall be taken shall be within another district, but within the same State, said suit may be brought in either district in said State: of property is. R. S., §§ 740-742.
within which part
- not personally Provided, however, That any defendant or defendants not actually notified, may ap- personally notified as above provided may, at any time within one year after judgment and after final judgment in any suit mentioned in this section, enter his aphave same set pearance in said suit in said circuit court, and thereupon the said court aside, &c.
shall make an order setting aside the judgment therein, and permitting said defendant or defendants to plead therein on payment by him or them of such costs as the court shall deem just; and thereupon said suit shall be proceeded with to final judgment according to law. SEC. 9. That whenever either party to a final judgment or decree which Death of party to final judgment in has been or shall be rendered in any circuit court has died or shall die circuit court before before the time allowed for taking an appeal or bringing a writ of error time for appeal or has expired, it shall not be necessary to revive the suit by any formal writ of error exproceedings aforesaid. pired; proceed
The representative of such deceased party may file in the office of the clerk of such circuit court a duly certified copy of his appointment and thereupon may enter an appeal or bring writ of error as the party he represents might have done.
If the party in whose favor such judgment or decree is rendered has died before appeal taken or writ of error brought, notice to his representatives shall be given from the Supreme court, as provided in case of the death of a party after appeal taken or writ of error brought.
R. S., §§ 955, 956.
SEC. 10. That all acts and parts of acts in conflict with the provisions Repeal. of this act are hereby repealed. [March 3, 1875.]
AN ACT RELATING TO THE PUNISHMENT OF THE CRIME OF MANSLAUGHTER.
[SECTION 1], That whoever shall hereafter be convicted of the crime of manslaughter, in any court of the United States, in any State or Territory, including the District of Columbia, shall be imprisoned not exceeding ten years, and fined not exceeding one thousand dollars:
Provided, That this act shall not affect or apply to any prosecution now pending, or the prosecution of any offence already committed. SEC. 2. That all acts or parts of acts inconsistent with this act are hereby repealed:
Provided, That said acts shall remain in force for the punishment of all persons who have heretofore committed the crime of manslaughter. [March 3, 1875.]
March 3, 1875.
18 Stat. L., 473.
how punished. R. S., § 5343.
AN ACT TO ENABLE THE PEOPLE OF COLORADO TO FORM A CONSTITUTION AND STATE
[SECTION 1], That the inhabitants of the Territory of Colorado included in the boundaries hereinafter designated be, and they are hereby, author ized to form for themselves, out of said Territory, a State government,
March 3, 1875.
18 Stat. L., 474.
Colorado to form for admission into State government the Union.
1876, June 26, ch. 4 Dillon, 251.
Colorado, boundaries of.
with the name of the State of Colorado; which State, when formed, shall be admitted into the Union upon an equal footing with the original States in all respects whatsoever, as hereinafter provided.(1)
SEC. 2. That the said State of Colorado shall consist of all the territory included within the following boundaries, to wit: Commencing on the thirty-seventh parallel of north latitude where the twenty-fifth meridian of longitude west from Washington crosses the same; thence north, on said meridian, to the forty-first parallel of north latitude; thence along said parallel west to the thirty-second meridian of longitude west from Washington; thence south on said meridian, to the thirty-seventh parallel of north latitude; thence along said thirty-seventh parallel of north latitude, to the place of beginning.
-voters of, at SEC. 3. That all persons qualified by law to vote for representatives election of repre- to the general assembly of said Territory, at the date of the passage of sentatives to con- this act, shall be qualified to be elected, and they are hereby authorized vention, &c. 1876, March 3, to vote for and choose representatives to form a convention under such ch. 17, § 1.
rules and regulations as the governor of said Territory, the chief justice, and the United States attorney thereof may prescribe; and also to vote upon the acceptance or rejection of such constitution as may be formed by said convention, under such rules and regulations as said convention may prescribe;
And the aforesaid representatives to form the aforesaid convention of representatives. shall be apportioned among the several counties in said Territory in proportion to the vote polled in each of said counties at the last general election as near as may be; and said apportionment shall be made for said Territory by the governor, United States district attorney, and chief justice thereof, or any two of them;
Election of representatives.
Meeting of con
vention to form
with no distinction
And the governor of said Territory shall, by proclamation, order an election of the representatives aforesaid to be held throughout the Territory at such time as shall be fixed by the governor, chief justice, and United States attorney, or any two of them, which proclamation shall be issued within ninety days next after the first day of September, eighteen hundred and seventy-five, and at least thirty days prior to the time of said election; and such election shall be conducted in the same manner as is prescribed by the laws of said Territory regulating elections therein for members of the house of representatives; and the number of members to said convention shall be the same as now constitutes both branches of the legislature of the aforesaid Territory.
SEC. 4. That the members of the convention thus elected shall meet at the capital of said Territory, on a day to be fixed by said governor, chief justice, and United States attorney, not more than sixty days subsequent to the day of election, which time of meeting shall be contained in the aforesaid proclamation mentioned in the third section of this act, and, after organization, shall declare, on behalf of the people of said Territory, that they adopt the Constitution of the United States; whereupon the said convention shall be, and is hereby, authorized to form a constitution and State government for said Territory:
Provided, That the constitution shall be republican in form, and make be republican, no distinction in civil or political rights on account of race or color, except Indians not taxed, and not be repugnant to the Constitution of the United States and the principles of the Declaration of Independ
on account of race, color, &c.
And provided further, That said convention shall provide, by an ordinance irrevocable without the consent of the United States and the people of said State, first, that perfect toleration of religious sentiment shall be secured, and no inhabitant of said State shall ever be molested, in person or property, on account of his or her mode of religious worship; Secondly, that the people inhabiting said Territory do agree and deunappropriated clare that they forever disclaim all right and title to the unappropriated public lands; provisions as to taxes. public lands lying within said Territory, and that the same shall be
NOTE. (1) The President issued his proclamation Aug. 1, 1876, hereinafter printed (1876, No. 6, p. —), declaring the admission of Colorado as a State into the Union as complete.