Chapter CXCVI. *to amend an Act entitled “An Act for the Removal of Causes in certain Cases from State Courts,” approved July twenty-seven, eighteen hundred and sixty-six*
473 words·~2 min read·
/statutes-at-large/vol-14/chapter-cxcvi-2521464·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. CXCVI.— An Act *to amend an Act entitled “An Act for the Removal of Causes in certain Cases from State Courts,” approved July twenty-seven, eighteen hundred and sixty-six*. March 2, 1867.1866, ch. 288.*Ante*, p. 306. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Certain suits in State courts may be removed to circuit court That the act entitled “An act for the removal of causes in certain cases from State courts,” approved July twenty-seven, eighteen hundred and sixty-six, be, and the same isTHIRTY-NINTH CONGRESS.
Sess. II. CH. 196, 197. 1867.559 hereby, amended as follows: That where a suit is now pending, or mayof the United States, when, from local influence, &c. justice cannot be had in State court hereafter be brought in any State court, in which there is controversy between a citizen of the State in which the suit is brought and a citizen of another State, and the matter in dispute exceeds the sum of five hundred dollars, exclusive of costs, such citizen of another State, whether he be plaintiff or defendant, if he will make and file, in such State court, an affidavit stating that he has reason to and does believe that, from prejudice or local influence, he will not be able to obtain justice in such State court, may, at any time before the final hearing or trial of the suit, file a petition in such State court for the removal of the suit into the next circuit court of the United States to be held in the district where the suit is pending, and offer good and sufficient surety for his entering in such court, on the first day of its session, copies of all process, pleadings, depositions,Proceedings to remove. testimony, and other proceedings in said suit, and doing such other appropriate acts as, by the act to which this act is amendatory, are required to be done upon the removal of a suit into the United States court: and it shall be, thereupon, the duty of the State court to accept the surety and proceed no further in the suit; and the said copies being entered as aforesaid in such court of the United States, the suit shall there proceed in the same manner as if it had been brought there by original process; and all the provisions of the act to which this act is amendatory respecting any bail, attachment, injunction, or other restraining process,Bail, attachments, injunctions, &c. and respecting any bond of indemnity, or other obligation given upon the issuing or granting of any attachment, in junction, or other restraining process, shall apply with like force and effect in all respects to similar matters, process, or things in the suits for the removal of which this act provides.
Approved, March 2, 1867.