« ΠροηγούμενηΣυνέχεια »
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 faid judgment; or where any fuit or action shall 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 trea. ties 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 fuit 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 suit, 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, fait, 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 special bail was originally demandable, and demanded therein; whereupon it shall be the duty of the said state court to accept the said fecurity, 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 said copies being filed as aforesaid in fuch circuit court, and special bail, in manner a
met vrit of errohair appearancaid, and
the Itate courts.
(240 ) Certain suits .- forefaid, being given therein, such fuit, action. may be rea moved from writ of error, or writ of review, fhall be there.
in 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 to attached, to answer the final judgment in the said 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. . ** Sec. 14. And be it further enaĉied, That when any suit 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 shall come into question, it shall be lawful for either party, before 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 suit or action is, or shall be pending; and to produce to the faid court the originalgrant, or grants, so 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, whether he, lhe, 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 thall 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 district 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 suit, or action, shall be removed, pursuant to the provisions in this section contained, shall proceed in, try, hear and determine the fame, 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,
i the circuit to hold the same from day to day, not exceed
for five days ing five days, to impannel and charge the grand and do certain jury, to order process on any indictment or pre- acīs thereine sentment found in the said court; to direct subpænas for witnesses to attend the fame, and the requisite process on the non-attendance of
cout may hold the court
witnesses or jurors; to receive any presente 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 iffue 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 furvey; to take order, where necessary, relative to jurors, to serve at the next stated session of the said court; to direct the examination of witnesses de bene esse, where allowed by law; to make rules of reference by consent 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 fession thereof; in which case, all writs, process, and recognizance, returned and returnable to the faid court, and all actions, suits, process, pleadings, and other proceedings of what nature or kind foever, depending before the faid court, shall, by virtue of this act, be
continued to the next stated session of the fame, In civil suits Sec. 16. And be it further enacted, That no
person shall be arrested in one of the said dil, be made in one person district for tri- tricts for trial in another, before any of the
T: 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
110 arrcft Malla
and no origi- taid Chicul COUTES 1 a
safs hall be
any other district than that whereof he is an brought but
against inhabis inhabitant, or in which he shall be found at the tants of the time of ferving the writ; nor shall any district diftrist or. or circuit court have cognizance of any fuit to faund thereis. recover the contents of any promissory note, or other chofe in action, in favour of an affignee, Suits founded unless a fuit might have been prosecuted in
ments. such court to recover the said contents, if no assignment had been made, except in cases of foreign bilis of exchange.
Sec. 17. And be st further enacted, That the trials of all iffues 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 shall be, and hereby is, authorized and empowered, exeat and
Writs of nein all cafès 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 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
Removal of 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 such 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