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him, her, or them, and a writ of error, or writ of review, fhall be brought by fuch defendant or defendants, in fuch ftate court, to reverse the said judgment; or where any fuit or action shall have been, or fhall be commenced in any fuch court, against any perfon or perfons, in any cafe arifing under the conftitution or laws of the United States, or treaties made or to be made under their authority; then, and in any of the faid cafes, it shall be lawful for the defendant or defendants, in fuch fuit or action, at the time of entering his, her, or their appearance thereto, and for the plaintiff, or plaintiffs in fuch writ of error, or writ of review, at the time when fuch writ fhall be returnable, to file in such court a petition for the removal of such fuit, action, writ of error, or writ of review, to the next circuit court of the United States, hereby directed to be holden in and for the diftri&t within which such state court fhall be holden, and to offer to fuch state court, good and fufficient furety for entering, in fuch circuit court, on the first day of its next enfuing feffion, true copies of the process and proceedings, in fuch action, fait, writ of error, or writ of review, and also for his, her, or their appearance in the faid circuit court, at the period aforefaid, and then and there entering fpecial bail, in the faid fuit or action, if special bail was originally demandable, and demanded therein; whereupon it fhall be the duty of the faid ftate court to accept the said fecurity, and to stay all further proceedings in 'fuch fuit, action, writ of error, or writ of review, and to discharge any bail that may have been given therein; and that the faid copies being filed as aforefaid in fuch eircuit court, and fpecial bail, in manner a

may be removed from the state

courts.

Certain fuits forefaid, being given therein, fuch fuit, action, writ of error, or writ of review, fhall be therein proceeded on, tried, heard and determined, in the fame manner as if there originally commenced or brought: Provided always, That any attachment of the goods or eftate of the defendant, by the original process in fuch fuit or action, fhall hold the goods or estate fo attached, to answer the final judgment in the faid circuit court, in the fame manner as by the laws of the ftate they would have been holden, to answer the final judgment, had it been rendered by the court, in which the fuit or action was commenced.

Sec. 14. And be it further enacted, That when any fuit or action, commenced, or to be commenced, in any ftate court within the United States,between citizens of the fame state, the title or bounds of land fhall come into question, it shall be lawful for either party, before trial, to ftate to the faid court, and inake affidavit if thereby required, that he, she, or they, doth or do claim under, and at the hearing or trial fhall rely upon a right or title to the lands in difpute, under a grant, or grants, from a state other than that wherein such fuit or action is, or fhall be pending; and to produce to the faid court the original grant, or grants, fo claimed under, or exemplifications thereof, except in cafes where the lofs of public records fhall put it out of his, her or their power fo to do; and to move that the adverse party do inform the faid court,forthwith, whether he, fhe, or they, doth or do claim the land in difpute, under a grant or grants from the ftate wherein fuch fuit or action is, or fhall be pending; whereupon the faid adverfe party fhall give fuch information, or otherwife not

be allowed to plead, or give in evidence, in the cause any such grant; and that if it shall appear from fuch information, that the faid adverfe party doth claim the faid lands, under any fuch grant, or grants, then it fhall be lawful for the party moving for fuch information, if plaintiff or complainant in the said suit or action, to remove the fame, by motion, to the next circuit court of the United States, hereby directed to be holden in and for the district within which fuch state court fhall be holden; and if defendant in the said suit or action, then to remove the fame, as aforesaid, in the fame manner, and under the like regulations, terms, and conditions, as are provided in and by the preceding fection of this act, in the cafe of actions thereby directed to be removed; and that the faid circuit courts refpectively, into which fuch fuit, or action, shall be removed, pursuant to the provifions in this fection contained, fhall proceed in, try, hear and determine the fame, in like manner as if therein brought by original process: Provided always, That neither party, fo removing any fuit or action, fhall be allowed, on the trial or hearing thereof, to plead, give evidence of, or rely on, any other title than that by him, her, or them, fo stated as aforefaid, as the ground of his, her, or their claim.

Sec. 15. And be it further enacted, That any one judge of any of the faid circuit courts fhall be, and hereby is, authorised and empowered, to hold the fame from day to day, not exceeding five days, to impannel and charge the grand jury, to order process on any indictment or prefentment found in the faid court; to direct fubpœnas for witneffes to attend the fame, and the requifite procefs on the non-attendance of I i

One jaåge af count may hold the court and do certain

the circuit

for five days

acts therein.

In civil fuits

no arreft fhall be made in one

witneffes or jurors; to receive any prefent, ment or indictment from the grand jury; to take recognizance for the attendance of any witness, or for the appearance of any perfon, prefented or indicted; to award and iffue procefs, and order commitment for contempts; to commit any perfon prefented or indicted, for want of fecurity or otherwife; to order publication of teftimony; to iffue commiffions for the examination of witneffes, where allowable by law; to grant rules and orders of furvey; to take order, where neceffary, relative to jurors, to ferve at the next stated feffion of the faid court; to direct the examination of witneffes de bene effe, where allowed by law ; to make rules of reference by confent of parties and to grant continuance on the motion of either party, upon fuch terms and conditions, as fhall be agreeable to practice and the ufages of law; and that if fome other judge of the faid court fhall not attend the fame within five days after the commencement thereof, inclufive, then the faid court fhall, by virtue of this act, be continued over to the next stated feffion thereof; in which cafe, all writs, procefs, and recognizance, returned and returnable to the faid court, and all actions, fuits, procefs, pleadings, and other proceedings of what nature or kind foever, depending before the faid court, fhall, by virtue of this act, be continued to the next ftated feffion of the fame.

Sec. 16. And be it further enacted, That no perfon shall be arrested in one of the faid dif diftrict for tri- tricts for trial in another, before any of the al in another, faid circuit courts in any civil action; and that nal civil pro- no civil action or fuit fhall be brought before any of the faid courts, by any original procefs, against an inhabitant of the United States, in

and no origi

sefs shall be

against inhabi

tants of the district or found thereis.

fuch as are

any other diftrict than that whereof he is an brought but inhabitant, or in which he fhall be found at the time of ferving the writ; nor fhall any district or circuit court have cognizance of any fuit to recover the contents of any promiffory note, or other chofe in action, in favour of an affignee, unless a fuit might have been profecuted in fuch court to recover the faid contents, if no affignment had been made, except in cases of foreign bills of exchange.

Suits founded

on affign

ments.

Sec. 17. And be it further enacted, That the trials of all iffues of fact, before any of the cir- Trial by jury. cuit courts hereby established, except in cafes of equity, and admiralty and maritime jurif diction, fhall be by jury.

Writs of ne

exeat and

Sec. 18. And be it further enacted, That any judge of any of the faid circuit courts fhall be, and hereby is, authorized and empowered, in all cafes cognizable by the circuit court, injunctions. whereof he shall be a judge, to grant writs of ne-exeat, and writs of injunction to stay waste, or to stay proceedings at law, on any judgment rendered by fuch circuit courts, upon the like terms and conditions as fuch writs may be now granted, by the juftices of the Supreme Court of the United States.

Sec. 19. And be it further enacted, That if in the opinion of any circuit judge, of the circuit within which fuch district may be fituated, the life or lives of any perfon or persons, confined in the prison of fuch diftrict, under or by virtue of any law of the United States, fhall be in imminent danger, arifing from the place of fuch confinement, it fhall, in fuch cafe, be lawful for fuch judge, and he is hereby authorized and impowered, to direct the marshal of fuch diftrict to remove, or caufe to be removed, the perfon or perfons fo confined, to

Removal of

prifoners in

cafe of danger.

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