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copies of such records and proceedings had been regularly before the said court.

R. S. § 645, 4 Fed. St. Ann. 264.

§ 36. When any suit shall be removed from a state court to a district 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 shall hold 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 said suit was commenced. All bonds, undertakings, or security given by either party in such suit prior to its removal shall remain valid and effectual notwithstanding said removal; and all injunctions, orders, and other proceedings had in such suit prior to its removal shall remain in full force and effect until dissolved or modified by the court to which such suit shall be removed.

See R. S. § 646, 4 Fed. St. Ann. 264.

§ 37. If in any suit commenced in a district court, or removed from a state court to a district court of the United States, it shall appear to the satisfaction of the said district 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 district 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 cognizable or removable under this chapter, the said district court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed, as justice may require, and shall make such order as to costs as shall be just.

See Act of March 3, 1875, c. 137, §5, as amended by Act of Aug. 13, 1888, 18 Stat. L. 472, 4 Fed. St. Ann. 371.

§ 38. The district court of the United States shall, in all suits removed under the provisions of this chapter, proceed therein as if the suit had been originally commenced in said district court, and the same proceedings had been taken in such suit in said district court as shall have been had therein in said state court prior to its removal.

See Act of March 3, 1875, c. 137, § 6, 18 Stat. L. 472, 4 Fed. St. Ann. 378.

§ 39. In all causes removable under this chapter, if the clerk of the state court in which any such cause shall be pending shall refuse 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 shall, on conviction thereof in the district court of the United States to which said action or proceeding was removed, be fined not more than one thousand dollars, or imprisoned not more than one year, or both. The district court to which any cause shall be removable under this chapter shall have power to issue a writ of certiorari to said state court commanding said state court to make return of the record in any such cause removed as aforesaid, or in which any one or more of the plaintiffs or defendants have complied with the provisions of this chapter for the removal of the same, and enforce said writ according to law. If it shall be impossible for the parties or persons removing any cause under this chapter, 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 district court shall make an order requiring the prosecutor in any such action or proceeding to enforce forfeiture or recover penalty, as aforesaid, to file a 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 shall dismiss the said action or

proceeding; but if said order shall be complied with, then said district court shall require the other party to plead, and said action or proceeding shall proceed to final judgment. The said district court may make an order requiring the parties thereto to plead de novo; and the bond given, conditioned as aforesaid, shall be discharged so far as it requires copy of the record to be filed as aforesaid. See Act of March 3, 1875, c. 137, § 7, 18 Stat. L. 472, 4 Fed. St. Ann. 378.

CHAPTER IV

DISTRICT COURTS-MISCELLANEOUS PROVISIONS

§ 40. Capital cases-Where triable.

§ 41. Offenses on the high seas, etc., where triable.

§ 42. Offenses begun in one district and completed in another.

§ 43. Suits for penalties and forfeitures, where brought.

§ 44. Suits for internal-revenue taxes, where brought.

§ 45. Seizures, where cognizable.

§ 46. Capture of insurrectionary property, where cognizable.

847. Certain seizures cognizable in any district into which the property

is taken.

$48. Jurisdiction in patent cases.

§ 49. Proceedings to enjoin comptroller of the currency.

§ 50. When a part of several defendants can not be served.

§ 51. Civil suits-Where to be brought.

§ 52. Suits in states containing more than one district.

§ 53. Districts containing more than one division—Where suit to be brought -Transfer of criminal cases.

§ 54. Suits of a local nature, where to be brought.

§ 55. When property lies in different districts in same state.

§ 56. When property lies in different states in same circuit-Jurisdiction of receiver.

§ 57. Absent defendants in suits to enforce liens, remove clouds on titles, etc.

§ 58. Civil causes may be transferred to another division of district by agreement.

§ 59. Upon creation of new district or division, where prosecution to be instituted or action brought.

§ 60. Creation of new district, or transfer of territory not to divest lienHow lien to be enforced.

§ 61. Commissioners to administer oaths to appraisers.

§ 62. Transfer of records to district court when a territory becomes a state.

§ 63. District judge shall demand and compel delivery of records of territorial court.

§ 64. Jurisdiction of district courts in cases transferred from territorial

courts.

§ 65. Receivers to manage property according to state laws.

§ 66. Suits against receiver.

§ 67. Certain persons not to be appointed or employed as officers of courts. § 68. Certain persons not to be masters or receivers.

§ 40. The trial of offenses punishable with death shall be had in the county where the offense was committed, where that can be done without great inconvenience. R. S. 729; 2 Fed. St. Ann. 354.

§ 41. The trial of all offenses committed upon the high seas, or elsewhere out of the jurisdiction of any particular state or district, shall be in the district where the offender is found, or into which he is first brought. R. S. § 730; 2 Fed. St. Ann. 345.

§ 42. When any offense against the United States is begun in one judicial district and completed in another, it shall be deemed to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein. R. S. § 731; 2 Fed. St. Ann. 347.

§ 43. All pecuniary penalties and forfeitures may be sued for and recovered either in the district where they accrue or in the district where the offender is found. R. S. § 732; 3 Fed. St. Ann. 94.

§ 44. Taxes accruing under any law providing internal revenue may be sued for and recovered either in the district where the liability for such tax occurs or in the district where the delinquent resides.

R. S. § 733; 3 Fed. St. Ann. 595.

§ 45. Proceedings on seizures made on the high seas, for forfeiture under any law of the United States, may be prosecuted in any district into which the property so seized is brought and proceedings instituted. Proceedings on such seizures made within any district shall be prosecuted in the district where the seizure is made, except in cases where it is otherwise provided.

See R. S. § 734; 3 Fed. St. Ann. 95.

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