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court has cognisance of any suit founded on contract in favour of an assignee, unless a suit might be prosecuted in such court to recover thereon if no assignment had been made, except in cases of promissory notes negotiable by the law merchant and bills of exchange; and the circuit courts also have appellate jurisdiction from the district courts under the regulations and restrictions provided by law. In any suit of a civil nature at law or in equity pending in any state court where the matter in dispute exceeds, exclusive of costs, the sum or value of $500, and arising under the Constitution or laws of the United States, or treaties made under their authority, or in which the United States is the plaintiff or petitioner, or in which there is a controversy between citizens of different states, or a controversy between citizens of the same state claiming lands under grants of different states, or a controversy between citizens of a state and foreign states, citizens, or subjects, either party may remove said suit into the circuit court of the United States for the proper district; and when the controversy is wholly between citizens of different states and 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. Whenever either party or any one or more of the plaintiffs or defendants entitled to so remove any suit desires to do it, he or they may make and file a petition in such suit in such state court before or at the term at which said cause could be first tried, and before the trial thereof, for the removal of such suit into the circuit court to be held in the district where the suit is pending, and shall make and file there

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with 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 there appearing and entering special bail 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; and if in any action commenced in a state court the title of land is concerned, and the parties are citizens of the same state and the matter in dispute exceeds the sum or value of $500, exclusive of 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 requires 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 above mentioned, 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 is not allowed to plead or give evidence of any other title than that by him or them stated as the ground of his or their claim.

The trial of issues of fact in the circuit courts, in all suits except those of equity and of admiralty and maritime jurisdiction, are by jury.

When any suit is 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 holds the goods or estate so attached or sequestered to answer the final judgment or decree in the same manner as by law they would have been held to answer final judgment or decree had it been rendered by the court in which suit was commenced. And all bonds, undertakings, or security given by either party in such suit prior to its removal remain valid and effectual, notwithstanding said removal. And all injunctions, orders, and other proceedings had in such suit prior to its removal remain in full force and effect until dissolved or modified by the court to which such suit is removed.

If in any suit commenced in a circuit court, or removed from a state court to a circuit court of the United States, it appears 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 cognisable or removable, the circuit court proceeds no further therein, but dismisses the suit, or remands it to the court from which it was removed, as justice may require, and makes such order as to costs as is just. But the order dismissing or remanding to the state court is reviewable by the Supreme Court on writ of error or appeal, as the case may be. The circuit court of the United States, in all suits removed as described, proceeds therein as if the suit had been originally commenced in said circuit court, and the same proceedings taken had been taken in such suit in said circuit court as have been had therein in said state court prior to the removal.

In all causes removable as described, if the term of the circuit court to which the same is removable then next to be holden commences 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 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 are taken to satisfy the said bond in that behalf. If the clerk of the state court in which any such cause is pending refuses 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 is deemed guilty of a misdemeanour, and on conviction thereof in the circuit court of the United States, to which said action or proceeding was removed, is punished by imprisonment not more than one year, or by fine not exceeding $1000, or both, in the discretion of the court. And the circuit court to which any cause is removable as described has power to issue a writ

of certiorari to said state court commanding it to make return of the record in any such cause removed, or in which any one or more of the plaintiffs or defendants have complied with the provisions for the removal of the same, and enforce said writ according to law. And if it be impossible for the parties or persons removing any cause, 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 makes an order requiring the prosecutor in any such action or proceeding to enforce forfeiture or recover penalty as aforesaid, to file 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 dismisses the said action or proceeding. But if the order is complied with, then the circuit court requires the other party to plead, and the action or proceeding proceeds to final judgment; and the circuit court may make an order requiring the parties thereto to plead de novo; and the bond given, conditioned as stated, is discharged so far as it requires copy of the record to be filed as aforesaid.

When in any suit commenced in any circuit court of the United States to enforce any legal or equitable lien upon or claim to, or to remove any incumbrance or lien or cloud upon the title to, real or personal property within the district where such suit is brought, one or more of the defendants therein are not inhabitants of or found within the said district, or do not voluntarily appear thereto, it is lawful for the court to make an order directing such absent defendants to appear, plead, answer, or demur, by a day certain to be designated, which is served on him or them,

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 is not practicable, the order is published in such manner as the court may direct, not less than once a-week for six consecutive weeks. And in case such absent defendants do 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 the order, and of the performance of the directions contained in the same, it is lawful for the court to entertain jurisdiction and proceed to the hearing and adjudication of the suit in the same manner as if such absent defendants had been served with process within the said district. But the adjudication as regards said absent defendants without appearance affect only the property which has been the subject of the suit and under the jurisdiction of the court therein within such district. And when a part of the real or personal property against which the proceeding is taken is within another district but within the same state, suit may be brought in either district in said state; provided, however, that any defendant not actually personally notified as described may at any time, within one year after such final judgment in any suit, enter his appearance in said suit in said circuit court; and thereupon the court makes an order setting aside the judgment therein, and permitting said defendants to plead therein, on payment by them of such costs as the court deems just; and thereupon the suit is proceeded with to final judgment according to law. Whenever either party to a final judgment or decree which has been rendered in any circuit court has died before the time allowed for taking an appeal or

bringing a writ of error has expired, it is not necessary to revive the suit by any formal proceedings. The representative of the deceased party may file in the office of the clerk of the 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 favour the judgment or decree is rendered has died before appeal taken or writ of error brought, notice to his representatives is given from the Supreme Court, as provided in case of the death of a party after appeal taken or writ of error brought.

The United States' courts have exclusive jurisdiction of all offences committed against the laws of the United States, state courts having no jurisdiction of them, and jurisdiction cannot be delegated to state courts.

From all decrees of a district court in causes of equity or of admiralty and maritime jurisdiction, except prize causes where the matter in dispute exceeds the sum or value of $50, exclusive of costs, an appeal is allowed to the circuit court next to be held in such district, and this circuit court is required to receive, hear, and determine such appeal. The appeal must be taken, or the writ of error sued out, within one year after the entry of the judgment, decree, or order, provided that where a party entitled to prosecute a writ of error or take an appeal is an infant or non compos mentis or imprisoned, such writ of error may be prosecuted, or such appeal may be taken within one year after the entry of the judgment, decree, or order, exclusive of the term of such disability.

The circuit courts, as courts of equity, are deemed always open for the purpose of filing any pleading, of issuing and returning mesne and final process, and of making and directing all interlocutory orders, rules, and

other proceedings preparatory to the hearing upon their merits of all causes pending therein. And any judge of a circuit court may, upon reasonable notice to the parties, make and direct and award at chambers, or in the clerk's office, and in vacation as well as in term, all such process, commissions, orders, rules, and other proceedings, whenever the same are not grantable of course, according to the rules and practice of the court. Issues of fact in civil cases in any circuit court may be tried and determined by the court without the intervention of a jury whenever the parties or their attorneys of record file with the clerk a stipulation in writing waiving a jury. The finding of the court upon the facts, which may be either general or special, has the same effect as the verdict of a jury. Whenever in any civil suit or proceeding in a circuit court, held by a circuit justice and a circuit judge, or a district judge, or by a circuit judge and a district judge, there occurs any difference of opinion between the judges as to any matter or thing to be decided, ruled, or ordered by the court, the opinion of the presiding justice or judge prevails, and is considered the opinion of the court for the time being. Whenever any question occurs on the trial or hearing of any criminal proceeding before a circuit court, upon which the judges are divided in opinion, the point upon which they disagree is, during the same term, upon the request of either party, or of their counsel, stated under the direction of the judges and certified, under the seal of the court, to the Supreme Court at their next session; but nothing prevents the cause from proceeding if, in the opinion of the court, further proceedings can be had without prejudice to the merits. Imprisonment is not allowed, nor punishment inflicted, in any case where the judges of the court are divided in

opinion upon the question touching | the said imprisonment or punishment. When a final judgment or decree is entered in any civil suit or proceeding before any circuit court, and a difference of opinion occurs, as before stated, among the judges, the point upon which they so disagree is, during the same term, stated under the direction of the judges and certified, and such certificate is entered of record.

The circuit court for each judicial district has jurisdiction of writs of error in all criminal cases tried before the district court where the sentence is imprisonment, or fine and imprisonment; or where, if a fine only, the fine exceeds the sum of $300.

The regular terms of the circuit courts are held in each year at the times and places fixed by law, but when any of the dates fall on Sunday the term commences on the following day. No action, suit, proceeding, or process in any circuit court abates or is rendered invalid by reason of any Act changing the time of holding such court, but the same are deemed to be returnable to, pending and triable in the terms established, next after the return day thereof. Any circuit court may, at its own discretion, or at the discretion of the Supreme Court, hold special sessions for the trial of criminal

causes.

The Supreme Court, or when that court is not sitting, any circuit justice or circuit judge, together with the judge of the proper district, may direct special sessions of a circuit court to be held for the trial of criminal causes at any convenient place within the district nearer to the place where the offences are said to be committed than the place appointed by law for the stated sessions. The clerk of such court, at least thirty days before the commencement of such special sessions, causes the time and place for holding it to be notified for

at least three weeks consecutively, in one or more of the newspapers published nearest to the place where it is to be held. All process writs and recognisances respecting juries, witnesses, bail, or otherwise, which relate to the cases to be tried at such special sessions, are considered as belonging to such sessions in the same manner as if they had been issued or taken in reference thereto. Any such session may be adjourned from time to time to any time previous to the next stated term of the court; and all business depending for trial at any special session, at the close thereof is considered as removed to the next stated term. There are special provisions for ordering adjourned terms and holding special sessions in districts in particular states; but in all other districts the presiding judge of any circuit court may appoint special sessions thereof to be held at places where the regular sessions are held. If neither of the judges of a circuit court is present to open any session, the marshal may adjourn the court from day to day until a judge is present; but if neither of them attends before the close of the fourth day after the time appointed for the commencement of the session, the marshal may adjourn the court to the next regular term. If neither of said judges be present to open and adjourn any regular or adjourned or special session, either of them may, by a written order, directed alternatively to the marshal, and in his absence to the clerk, adjourn the court from time to time, as the case may require, to any time before the next regular term.

SUPREME COURT.

The Supreme Court of the United States consists of a Chief-Justice of the United States and eight associate justices, any six of whom constitute

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