may be dismissed 209; 106 U. S., 586; 111 U.S., 379; 114 U. S., 138: 116 U. S., 588; 127 U. S., 322; U. S., 251; 138 U. 129 U.S., 325; 134 S., 694. Proceedings in suits removed. appear 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 cognizable or removable under this act, the said circuit 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it was removed as justice may require, and shall make such order as to costs as shall be just; [Lines omitted expressly repealed 1888, Aug. 13, ch. 866, § 6, post, p. 614.] SEC. 6. That the circuit court of the United States shall, in all suits removed under the provisions of this act, proceed therein as if the 15 Blatch., 403; 3 suit had been originally commenced in said circuit court, and the Hughes, 449; 13 same proceedings had been taken in such suit in said circuit court Fed. Rep., 801; 17 as shall have been had therein in said State court prior to its removal. Fed. Rep., 273, 279; 3 Hughes, 452. -time for filing copy of record and appearance in. refusal of clerk of State court to SEC. 7. That in all causes removable under this act, if the term of the circuit court to which the same is removable, then next to be holden, shall commence 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 shall 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 shall be taken to satisfy the said bond in that behalf; That 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 be deemed guilty of a misdemeanor, and, on conviction thereof in the circuit court of the United States to which said action, or proceeding was removed, shall be punished by imprisonment not more than one year, or by fine not exceeding one thousand dollars, or both in the discretion of the court. - court may issue And the circuit court to which any cause, shall be removable under mandamus to this act shall have power to issue a writ of certiorari to said State compel return of court commanding said State court to make return of the record in record,&c..or may make order as to any such cause removed as aforesaid, or in which any one or more of production of the plaintiffs or defendants have complied with the provisions of this act for the removal of the same, and enforce said writ according to law; copy, &c. Absent defend And if it shall be impossible for the parties or persons removing any cause under this act, 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 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 circuit-court shall require the other party to plead, and said action, or proceeding shall proceed to final judgment; and the said circuit 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. SEC. 8. That when in any suit, commenced in any circuit court of ants in suits in cir- the United States, to enforce any legal or equitable lien upon, or cuit courts to en- claim to, or to remove any incumbrance or lien or cloud upon the incumbrances or title to real or personal property within the district where such suit cloud on title to is brought, one or more of the defen lants therein shall not be an force liens, remove ess, &c. inhabitant of, or found within, the said district, or shall not volun- property, how served with proctarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant or defendants to appear, plead, answer, or demur, by a day certain to be designated, which order shall be served on such absent defendant or defendants, if practica. bie, wherever found, and also upon the person or persons in possession or charge of said property, if any there be; R. S., 737, 738. SS 1888, Aug. 13, ch. 866, §5, post, p.614. Fed. Rep., 670: 10 4 Hughes, 331; 8 Fed. Rep., 605; 13 Fed. Rep., 859; Or where such personal service upon such absent defendant or defendants is not practicable, such order shall be published in such 14 Fed. Rep., 208; manner as the court may direct, not less than once a week for six consecutive weeks; And in case such absent defendant shall 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 said order, and of the performance of the directions contained in the same, it shall be lawful for the court to entertain jurisdiction, and proceed to the hearing and adjudication of such suit in the same manner as if such absent defendant had been served with process within the said district; 16 Fed. Rep., 307; 17 Fed. Rep., 712; 27 Fed. Rep., 339. But said adjudication shall, as regards said absent defendant or adjudication defendants without appearance, affect only the property which shall against, to affect have been the subject of the suit and under the jurisdiction of the only property. court therein, within such district, And when a part of the said real or personal property against suits may be which such proceeding shall be taken shall be within another district. brought in disbut within the same State, said suit may be brought in either district in said State: Provided, however. That any defendant or defendants not actually personally notified as above provided may, at any time within one year after final judgment in any suit mentioned in this section, enter his appearance in said suit in said circuit court, and thereupon the said court shall make an order setting aside the judgment therein, and permitting said defendant or defendants to plead therein on payment by him or them of such costs as the court shall deem just; and thereupon said suit shall be proceeded with to final judgment according to law. trict where part of property is. R. S., SS 740-742. defendants not personally notified may appear within year after judgment, &c. in circuit court be SEC. 9. That whenever either party to a final judgment or decree Death of party which has been or shall be rendered in any circuit court has died to final judgment or shall die before the time allowed for taking an appeal or bringing fore time for apa writ of error has expired, it shall not be necessary to revive the peal or writ of suit by any formal proceedings aforesaid. error expired; The representatives of such deceased party may file in the office of proceedings. the clerk of such circuit court a duly certified copy of his appoint- R. S., $ 955, 956. ment and thereupon may enter an appeal or bring writ of error as the party he represents might have done. If the party in whose favor such judgment or decree is rendered has died before appeal taken or writ of error brought, notice to his representatives shall be given from the Supreme court, as provided in case of the death of a party after appeal taken or writ of error brought. SEC. 10. That all acts and parts of acts in conflict with the pro- Repeal. visions of this act are hereby repealed. [March 3, 1875.] CHAP. 138.—An act relating to the punishment of the crime of manslaughter. Be it enacted, &c., That whoever shall hereafter be convicted of the crime of manslaughter, in any court of the United States, in any State or Territory, including the District of Columbia, shall be imprisoned not exceeding ten years, and fined not exceeding one thousand dollars: March 3, 1875. 18 Stat. L., 473. how punished. Man slaughter; R. S., § 5343. § 1150. Repeal. Provided, That this act shall not affect or apply to any prosecution now pending, or the prosecution of any offence already committed. SEC. 2. That all acts or parts of acts inconsistent with this act are hereby repealed: Provided, That said acts shall remain in force for the punishment of all persons who have heretofore committed the crime of manslaughter. [March 3, 1875.] March 3, 1875. 18 Stat. L., 474. Colorado to form the Union. CHAP. 139.—An act to enable the people of Colorado to form a constitution and State gov. ernment, and for the admission of the said State into the Union on an equal footing with the original States (1) Be it enacted, &c., That the inhabitants of the Territory of ColState government orado included in the boundaries hereinafter designated be, and they for admission into are hereby, authorized to form for themselves, out of said Territory, 1876, June 26, ch. a State government, with the name of the State of Colorado; which 147, post, p. 106. State, when formed, shall be admitted into the Union upon an equal 4 Dillon, 251. footing with the original States in all respects whatsoever, as hereinafter provided. (2) School lands. 1884, April 2, ch. 20, post, p. 424. SEC. 2. [Gives boundaries of State.] SECS. 3, 4, 5. [Executed.] SEC. 6. [Superseded, 1891, Feb. 7, ch. 116, § 1, post, p. 888.] SEC. 7. That sections numbered sixteen and thirty-six in every township, and where such sections have been sold or otherwise disposed of by any act of Congress, other lands, equivalent thereto, in legal subdivisions of not more than one quarter-section, and as contiguous as may be, are hereby granted to said State for the support of common schools. SECS. 8, 9, 10, 11. [Executed.] Five per cent. of SEC. 12. That five per centum of the proceeds of the sales of agrisales of public cultural public lands lying within said State which shall be sold by lands for internal the United States subsequent to the admission of said State into the improvements. Union, after deducting all the expenses incident to the same, shall be paid to the said State for the purpose of making such internal improvements within said State as the legislature thereof may direct: Provided, That this section shall not apply to any lands disposed of under the homestead laws of the United States, or to any lands now or hereafter reserved for public or other uses. School-fund. Mineral lands. SEC. 13. [Executed.] SEC. 14. That the two sections of land in each township herein. granted for the support of common schools shall be disposed of only at public sale and at a price not less than two dollars and fifty cents per acre, the proceeds to constitute a permanent school-fund, the interest of which to be expended in the support of common schools. SEC. 15. That all mineral-lands shall be excepted from the operation and grants of this act. [March 3, 1875.] NOTES. (1) For subsequent laws admitting States into the Union, see 1889, Feb. 22, ch. 180, post, p. 645. (2) The President issued his proclamation Aug. 1, 1876 (No. 6, 19 Stat. L., 665), declaring the admission March 3, 1875. 18 Stat. L., 477. Consular officers CHAP. 141.-An act supplementary to the acts in relation to immigration. (1) Be it enacted, &c., That in determining whether the immigration to certify whether of any subject of China, Japan, or any Oriental country, to the immigrants from United States, is free and voluntary, as provided by section two NOTE. (1) For review of laws relating to Chinese immigration, see note to 1888, Oct. 1, ch. 1064, post, p. 625. For review of laws forbidding other immigration, see note to 1891, March 3, ch. 551, post, p. 934. thousand one hundred and sixty-two of the Revised Code, title China and Japan "Immigration," it shall be the duty of the consul-general or consul have contracted of the United States residing at the port from which it is proposed to for immoral purconvey such subjects, in any vessels enrolled or licensed in the United poses. R. S., § 2162. States, or any port within the same, before delivering to the masters 1882, May 6, ch. of any such vessels the permit or certificate provided for in such 126; 1884, July 5, section, to ascertain whether such immigrant has entered into a ch.220; 1888, Oct. contract or agreement for a term of service within the United States, 1, ch. 1064, post, pp. 342, 458, 625. for lewd and immoral purposes; and if there be such contract or Treaty proclaagreement, the said consul-general or consul shall not deliver the mation. required permit or certificate. 22 Stat. L., 826. Transportation SEC. 2. That if any citizen of the United States, or other person amenable to the laws of the United States, shall take, or cause to be of subjects of Chitaken or transported, to or from the United States any subject of na or Japan, &c., China, Japan, or any Oriental country, without their free and vol- without free consent; how pununtary consent, for the purpose of holding them to a term of service, senti such citizen or other person shall be liable to be indicted therefor, and, on conviction of such offense, shall be punished by a fine not exceeding two thousand dollars and be imprisoned not exceeding one year; R. S., § 2161. And all contracts and agreements for a term of service of such per- Contracts for sons in the United States, whether made in advance or in pursuance term of service of such illegal importation, and whether such importation shall have void. 1885, Feb. been in American or other vessels, are hereby declared void. 26, ch. 164, ante, p. 479. SEC. 3. That the importation into the United States of women for Importation of the purposes of prostitution is hereby forbidden; and all contracts women for purand agreements in relation thereto, made in advance or in pursuance poses of prostituof such illegal importation and purposes, are hereby declared void; tion; penalty. 7 Fed. Rep., 453. and whoever shall knowingly and willfully import, or cause any importation of, women into the United States for the purposes of prostitution, or shall knowingly or willfully hold, or attempt to hold, any woman to such purposes, in pursuance of such illegal importation and contract or agreement, shall be deemed guilty of a felony, and, on conviction thereof, shall be imprisoned not exceeding five years and pay a fine not exceeding five thousand dollars. Contracting to SEC. 4. That if any person shall knowingly and willfully contract, or attempt to contract, in advance or in pursuance of such illegal supply labor of importation, to supply to another the labor of cooly or other person cooly in violation brought into the United States in violation of section two thousand ished: one hundred and fifty-eight of the Revised Statutes, or of any other R. S., SS 2158section of the laws prohibiting the cooly-trade or of this act, such 2164. person shall be deemed guilty of a felony, and, upon conviction 1885, Feb. 26, ch. thereof, in any United States court, shall be fined in a sum not ex- ch. 1210, par. 1; ceeding five hundred dollars and imprisoned for a term not exceeding 1891, March 3, ch. 551; post, pp. 479, 633, 934. one year. 164; 1888, Oct. 19, SEC. 5. That it shall be unlawful for aliens of the following classes Immigration of to immigrate into the United States, namely, persons who are under- convicts and of going a sentence for conviction in their own country of felonious tution forbidden. women for prosticrimes other than political or growing out of or the result of such political offenses, or whose sentence has been remitted on condition of their emigration, and women "imported for the purposes of prostitution." 18 Opins., 239. Vessels to be in noxious immi Every vessel arriving in the United States may be inspected under the direction of the collector of the port at which it arrives, if he spected when obshall have reason to believe that any such obnoxious persons are on grants believed to board; and the officer making such inspection shall certify the result be on board. thereof to the master or other person in charge of such vessel, desig- R. S., § 4272. nating in such certificate the person or persons, if any there be, 1882, Aug. 2, ch. ascertained by him to be of either of the classes whose importation 376; post, pp. 363, 374; Aug. 3, ch. is hereby forbidden. When such inspection is required by the collector as aforesaid, it shall be unlawful, without his permission, for any alien to leave any 370. Aliens of forbid land, except, &c. such vessel arriving in the United States from a foreign country until the inspection shall have been had and the result certified as herein provided; And at no time thereafter shall any alien certified to by the den classes not to inspecting officer as being of either of the classes whose immigration is forbidden by this section, be allowed to land in the United States, except in obedience to a judicial process issued pursuant to law. -may appeal from inspectors, &c. -if inspection sustained, persons to be returned to vessel, unless, &c. If any person shall feel aggrieved by the certificate of such inspecting officer stating him or her to be within either of the classes whose immigration is forbidden by this section, and shall apply for release or other remedy to any proper court or judge, then it shall be the duty of the collector at said port of entry to detain said vessel until a hearing and determination of the matter are had, to the end that if the said inspector (2) shall be found to be in accordance with this section and sustained, the obnoxious person or persons shall be returned on board of said vessel, and shall not thereafter be permitted to land, unless the master, owner, or consignee of the vessel shall give bond and security, to be approved by the court or judge hear-to be sent back ing the cause, in the sum of five hundred dollars for each such person permitted to land, conditioned for the return of such person, within six months from the date thereof, to the country whence his or her emigration shall have taken place, or unless the vessel bringing such obnoxious person or persons shall be forfeited, in which event the proceeds of such forfeiture shall be paid over to the collector of the port of arrival, and applied by him, as far as necessary, to the return of such person or persons to his or her own country within the said period of six months. by collector in certain cases. Forfeiture of tions of act. And for all violations of this act, the vessel, by the acts, omissions, vessel for viola- or connivance of the owners, master, or other custodian, or the consignees of which the same are committed, shall be liable to forfeiture, and may be proceeded against as in cases of frauds against the revenue laws, for which forfeiture is prescribed by existing law. [March 3, 1875.] (2) This word is so written on the roll. March 3, 1875. 18 Stat. L., 478. promotions in Ad CHAP. 142.-An act to reduce and fix the Adjutant General's Department of the Army. Be it enacted, &c. [Section 1, superseded, 1887, Feb. 28, ch. 287, post, p. 548.] Suspension of SEC. 2. That so much of section six (1) of the act entitled "An act appointments and making appropriations for the suport of the Army for the year endjutant General's ing June thirtieth, eighteen hundred and seventy, and for other office repealed. purposes," approved March third, eighteen hundred and sixty-nine, Repeal of. as applies to the Adjutant General's Department, be, and the same is hereby, repealed. [March 3, 1875.] R. S., § 1194. NOTE.-(1) § 6 of the act of 1869, ch. 124 (15 Stat. L., 318), here referred to and in part repealed, forms $ 1194 of the Revised Statutes. The whole section is repealed by 1877, March 3, ch. 100, post, p. 134. March 3, 1875. 18 Stat. L., 479. CHAP. 144.- An act to punish certain larcenies and the receivers of stolen goods. Embezzling, Be it enacted, &c., That any person who shall embezzle, steal, or stealing, &c., pub- purloin any money, property, record, voucher, or valuable thing lic property whatever, of the moneys, goods, chattels, records, or property of the deemed felony: United States, shall be deemed guilty of felony, and on conviction how punished. R. S., 1342, thereof before the district or circuit court of the United States in the district wherein said offense may have been committed, or into P. S., § 1624, which he shall carry or have in possession of said property so em art. 60. art. 14. |