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him, her, or them, and a writ of error, or writ of review, shall be brought by such defendant or defendants, in such state court, to reverse the said judgment; or where any
fuit or action thall have been, or shall be commenced in any such court, against any person or persons, in any case arising under the constitution 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 such suit or action, at the time of entering his, her, or their appearance thereto, and for the plaintiff, or plaintiffs in such writ of error, or writ of review, at the time when such writ shall 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 district within which such state court shall be holden, and to offer to such state court, good and sufficient surety for entering, in such circuit court, on the first day of its next ensuing session, true copies of the process and proceedings, in fuch action, fuit, writ of error, or writ of review, and also for his, her, or their appearance in the said circuit-court, at the period aforesaid, and then and there entering special bail, in the said suit or action, if fpecial bail was originally demandable, and demanded therein; whereupon it Thall be the duty of the said state court to accept the said security, and to stay all further proceedings in such suit, action, writ of error, or writ of review, and to discharge any bail that may have been given therein; and that the faid copies teing filed as aforesaid in such circuit court, and special bail, in manner 2
may be rea moved from the ftate Curt
(240) Certain fuits .. forefaid, being given therein, such fuit, action,
writ of error, or writ of review, shall be therein proceeded on, tried, heard and determined, in the same manner as if there originally commenced or brought: Provided always, That any attachment of the goods or estate of the defendant, by the original process in such suit or action, shall hold the goods or estate lo attached, to answer the final judgment in the faid circuit court, in the same manner as by the laws of the state they would have been holden, to answer the final judgment, had it been rendered by the court, in which the suit or action was commenced.
Séc. 14. And be it further enacted, That when any fuit or action, commenced, or to be commenced, in any state court within the U. nited States,between citizens of the same state, the title or bounds of land fhall come into question, it shall belawful for either party,be. fore trial, to state to the said court, and inake affidavit if thereby required, that he, she, or they, doth or do claim under, and at the hearing or trial shall rely upon a right or title to the lands in dispute, under a grant, or grants, from a state other than that wherein such fuit or action is, or shall be pending; and to produce to the said court the original.grant, or grants, fo claimed under, or exemplifications thereof, except in cases where the loss of public records shall put it out of his, her or their power so to do; and to move that the adverse party do inform the said court,forthwith; wheiher he, fhe, or they, doth or do claim the land in dispute, under a grant or grants from the ftate wherein fuch suit or action is, or shall be pending; whereupon the said adverse party hall give such information, or otherwise not
be allowed to plead, or give in evidence, in the cause any such grant, and that if it shall appear from such information, that the said adverse party doth claim the said lands, under any such grant, or grants, then it shall be lawful for the party moving for such information, if plaintiff or complainant in the said fuit or action, to remove the same, by motion, to the next circuit court of the United States, hereby directed to be holden in and for the diitrict within which such state court shall be holden; and if defendant in the said suit or action, then to remove the same, as aforesaid, in the same manner, and under the like regulations, terms, and conditions, as are provided in and by the preceding section of this act, in the case of actions thereby directed to be removed; and that the said circuit courts respectively, into which such fuit, or action, shall be removed, pursuant to the provisions in this section contained, shall proceed in, try, hear and determine the same, in like manner as if therein brought by original process: Provided always, That neither party, so removing any suit or action, shall 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, so stated as aforesaid, as the ground of his, her, or their claim.
Sec. 15. And be it further enacted, That any one judge of any of the said circuit courts shall One judge af be, and hereby is, authorised and empowered, to hold the fame from day to day, not exceed- hold the court ing fivedays, to impannel and charge the grand and do certain jury, to order process on any indictment or pre- acts therein sentment found in the said court; to directfubpænas for witnesses to attend the fame, and the requisite process on the non-attendance of
witnefles or jurors; to receive any present, ment or indictment from the grand jury; to take recognizance for the attendance of any witness, or for the appearance of any person, presented or indicted ; to award and issue process, and order commitment for contempts; to.commit any person presented or indicted, for want of security or otherwise; to order publication of testimony; to issue commissions for the examination of witnesses, where allowable by law; to grant rules and orders of survey; to take order, where necessary, relative to jurors, to serve at the next stated feifion of the said court; to direct the examination of witnesses de bene esse, where allowed by law; to make rules of reference by confent of parties, and to grant continuance on the motion cf. either party, upon such terms and conditions, as shall be agreeable to practice and the usages of law; and that if some other judge of the said court shall not attend the same within five days after the commencement thereof, inclusive, then the said court shall, by virtue of this act, be continued over to the next stated session thereof; in which case, all writs, process, and recognizance, returned and returnable to the said court, and all actions, suits, process, pleadings, and other proceedings of what nature or kind foever, depending before the said court, shall, by virtue of this act, be continued to the next stated session of the same,
Sec. 16. And be it further enacted, That no
perfon shall be arrested in one of the said disdistrict 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 suit shall be brought before
any of the said courts, by any original process, against an inhabitant of the United States, in
In civil suits 110 arrcit Mall be made in one
sofs shall be
Writs of ne
any other district than that whereof he is an brought but inhabitant, or in which he shall be found at the tants of the time of serving the writ; nor shall any distri& diftrist or or circuit court have cognizance of any suit to found therein. recover the contents of any promissory note, or other chose in action, in favour of an affignee, Suits founded unless a suit might have been prosecuted in one alligasuch court to recover the said contents, if no assignment had been made, except in cases of foreign bilis of exchange.
Sec. 17. And be it further enacted, That the trials of all issues of fact, before any of the cir- Trial by, jury. cuit courts hereby established, except in cases of equity, and admiralty and maritime jurisdiction, fhall be by jury
Sec. 18. And be it further enacted, That any judge of any of the said circuit courts fhall be, and hereby is, authorized and empowered, exeat and in all cafes cognizable by the circuit court, injuncțioasa 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 such circuit courts, upon the like terms and conditions as such writs may be now granted, by the justices 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 cir- prisoners in cuit within which such district may be situated, case of danger. the life or lives of any person or persons, confined in the prison of such district, under or by virtue of any law of the United States, shall be in imminent danger, arising from the place of such confinement, it shall, in such case, be lawful for fuch judge, and he is hereby authorized and impowered, to direct the marshal of such district to remove, or cause to be removed, the person or persons so confined, to