Chapter 399. To amend section thirty-three of an Act to codify, revise, and amend the laws relating to the judiciary, approved March third, nineteen hundred and eleven
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CHAP. 399.— An Act To amend section thirty-three of an Act to codify, revise, and amend the laws relating to the judiciary, approved March third, nineteen hundred and eleven. August 23, 1916[[H. R. 14299](/us/bill/64/hr/14299)][[Public, No. 231](/us/pl/64/231)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Judicial Code.Vol. 36, p. 1097, amended. That section thirty-three of an Act to codify, revise, and amend the laws relating to the judiciary, approved March third, nineteen hundred and eleven, be, and the same is hereby, amended to read as follows:
" “Sec. 33. Removal of causes from State courts.Suits or prosecutions of revenue officers. That when any civil suit or criminal prosecution is commenced in any court of a State against any officer appointed under or acting by authority of any revenue law of the United States now pr hereafter enacted, or against any person acting under or by authority of any such officer, on account of any act done under color of his office or of any such law, or on account of any right, title, or authority claimed by such officer or other person under any such law, or is commenced against any person holding property or estate by title derived from any such officer and affects the validity of any Federal court officers.such revenue law, or against any officer of the courts of the United States for or on account of any act done under color of his office or Officers of Congress.in the performance of his duties as such officer, or when any civil suit or criminal prosecution is commenced against any person for or on account of anything done by him while an officer of either House of Congress in the discharge of his official duty in executing any order of such House, the said suit or prosecution may at any time before the trial or final hearing thereof be removed for trial into the district court next to be holden in the district where the same is pending upon the petition of such defendant to said district court Petition, etc.and in the following manner:
Said petition shall set forth the nature of the suit or prosecution and be verified by affidavit and, together with a certificate signed by an attorney or counselor at law of some court of record of the State where such suit or prosecution is commenced or of the United States stating that, as counsel for the petitioner, he has examined the proceedings against him and carefully533inquired into all the matters set forth in the petition, and that he believes them to be true, shall be presented to the said district court, if in session, or if it be not, to the clerk thereof at his office, and shall be filed in said office.
The cause shall thereupon be entered on the docket of the district court and shall proceed as a cause originally commenced in that court; but all bail and other security given upon such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judgment and execution in the State court. When the suit is commenced in the State court byCertiorari to State court for record, etc. summons, subpoena, petition, or any other process except capias, the clerk of the district court shall issue a writ of certiorari to the State court requiring it to send to the district court the record and the proceedings in the cause.
When it is commenced by capias orCapias proceedings. by any other similar form of proceeding by which a personal arrest is ordered, he shall issue a writ of habeas corpus cum causa, a duplicate of which shall be delivered to the clerk of the State court or left at his office by the marshal of the district or his deputy or by some other person duly authorized thereto; and thereupon it shall be the duty of the State court to stay all further proceedings in the cause, and the suit or prosecution, upon delivery of such process, or leaving the same as aforesaid, shall be held to be removed to the district court, and any further proceedings, trial, or judgment therein in the State court shall be void.
If the defendant in the suit or prosecutionDuty of marshal be in actual custody on mesne process therein, it shall be the duty of the marshal, by virtue of the writ of habeas corpus cum causa, to take the body of the defendant into his custody, to be dealt with in the cause according to law and the order of the district court, or, in vacation, of any judge thereof; and if, upon the removal of suchDuty of plaintiff. suit or prosecution, it is made to appear to the district court that no copy of the record and proceedings therein in the State court can be obtained, the district court may allow and require the plaintiff to proceed de novo and to file a declaration of his cause of action, and the parties may thereupon proceed as in actions originally brought in said district court.
On failure of the plaintiff so to proceed, judgment of non prosequitur may be rendered against him, with costs for the defendant.” " Approved, August 23, 1916.