The act of 1875, § 2, very much extended the right of re makes and files in said State court | pealed by the act of 1875, § 2, quoted in the next succeeding note. an affidavit, stating that he has Baltimore & O. R. Co. v. Bates, 119 U. S. 464, 7 Sup. Ct. 285, 30 L. 436; Fisk v. Henarie, 142 U. S. 459, 12 Sup. Ct. 207, 35 L. 1080; Norris v. Mineral Point Tunnel, 7 Fed. 272, 19 Blatchf. 201; La Mothe Mfg. Co. v. National Tube Works Co., 14 Fed. Cas. 1053, 15 Blatchf. 432, 7 Reporter 138; McLean v. St. Paul & C. Ry. Co., 16 Fed. Cas. 289, 17 Blatchf. 363, 26 Int. Rev. Rec. 43, 21 Alb. Law J. 47, 14 Am. Law Rev. 163. It has been held at Circuit, however, that an alien may remove a suit under a supposed unrepealed provision of clause 1, where a State is the plaintiff. in every respect and for every purpose, as the original pleadings would have had by the laws and practice of the courts of such State if the cause had remained in the State court." Cl. 1 of Rev. St., § 639, was re Post § 125, note 4. Cl. 2 was repealed by the act of 1875, § 2. Hyde v. Ruble, 104 U. S. 407, 26 L. 823; King v. Cornell, 106 U. S. 395, 1 Sup. Ct. 312, 27 L. 60; Holland v. Chambers, 110 U. S. 59, 3 Sup. Ct. 427, 28 L. 70; Hollister v. Bell, 17 Fed. 705, 8 Sawy. 349; Connell v. Utica, U. & E. R. Co., 13 Fed. 241. Cl. 3 was not repealed by the act of 1875. American Bible Society v. Grove, 101 U. S. 610, 25 L. 847. But cl. 3 was repealed by the act of 1887-8, quoted in the concluding portion of this section. Fisk v. Henarie, 142 U. S. 459, 8 moval.7 By the act of 1887-8, the right of removal was again restricted; by it the second section of the act of 1875 was amended so as to read as follows: 12 "Sec. 2. That any suit of a civil nature, at law or in equity,10 arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority," of which the Circuit Courts of the United States are given original jurisdiction by the preceding section,1 which may now be pending, or which may hereafter be brought, in any State court, may be removed by the defendant or defendants therein 13 to the Circuit Court of the United States for the proper District.14 "Any other suit 16 of a civil nature, at law or in equity, of which the Circuit Courts of the United States are given jurisdiction by the preceding section, and which are [is] now pending, or which may hereafter be brought, in any State court, may be removed into the Circuit Court of the United States for the proper District by the defendant or defendants therein, being non-residents of that State. 12 Sup. Ct. 207, 35 L. 1080, revers- | cuit Court of the United States for ing s. c., 32 Fed. 417, 13 Sawy. 38, 8. C., 35 Fed. 230, 13 Sawy. 318. 7" Sec. 2. That any suit of a civil nature, at law or in equity, now pending or hereafter brought in any State court where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or in which the United States shall be plaintiff or petitioner, or in which there shall be 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 Cir the proper District. "And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different States, and which 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." 18 St. L. 470. 825 St. L. 433, 1 Supp. Rev. St. (2 Ed.) 611. 9 Post ch. III. "And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different States, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the Circuit Court of the United States for the proper District.16 "And where a suit is now pending, or may be hereafter brought, in any State court, in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State, any defendant, being such citizen of another State, may remove such suit into the Circuit Court of the United States for the proper District, at any time before the trial thereof, when it shall be made to appear to said Circuit Court that from prejudice or local influence he will not be able to obtain justice in such State court, or in any other State court to which the said defendant may, under the laws of the State, have the right, on account of such prejudice or local influence, to remove said cause: 17 "Provided, That if it further appear that said suit can be fully and justly determined as to the other defendants in the State court, without being affected by such prejudice or local influence, and that no party to the suit will be prejudiced by a separation of the parties, said Circuit Court may direct the suit to be remanded, so far as relates to such other defendants, to the State court, to be proceeded with therein. "At any time before the trial of any suit which is now pending in any Circuit Court or may hereafter be entered therein, and which has been removed to said Court from a State court on the affidavit of any party plaintiff that he had reason to believe and did believe that, from prejudice or local influence, he was unable to obtain justice in said State court, the Circuit Court shall, on application of the other party, examine into the truth of said affidavit and the grounds thereof, and, unless it shall appear to the satisfaction of said Court that said party will not be able to obtain justice in such State court, it shall cause the same to be remanded thereto. "Whenever any cause shall be removed from any State court into any Circuit Court of the United States, and the 16 Post ch. IX. 17 Post ch. XIII. Circuit Court shall decide that the cause was improperly removed, and order the same to be remanded to the State court from whence it came, such remand shall be immediately carried into execution, and no appeal or writ of error from the decision of the Circuit Court so remanding such cause shall be allowed."18 § 8. The method of removal, in most cases, is prescribed by the act of 1875, § 3, as amended by the act of 1887-8,. § 1.1-In the acts of 1789,2 1866, and 1867, codified as Rev. St., § 639,3 the method of removal is prescribed in the sections giving the right. In the act of 1875, the method is prescribed by a separate section, § 3 of the act. The method prescribed 18 Post ch. XV, § 204. § 8. ing special bail in such suit, if special bail was originally requisite 125 St. L. 433, 1 Supp. Rev. St. therein, it shall then be the duty (2 Ed.) 611. 2 Quoted, ante § 7, note 3. 8 Quoted, ante § 7, note 6. 4"Sec. 3. That whenever either party, or any one or more of the plaintiffs or defendants entitled to remove any suit mentioned in the next preceding section shall desire to remove such suit from a State court to the Circuit Court of the United States, 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 such suit is pending, and shall make and file therewith 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 enter 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 be concerned, and the parties are citizens of the same State, and the matter in dispute exceed the sum or value of five hundred dollars, 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 require 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 by the act of 1875, § 3, was somewhat modified by § 1 of the amendatory act of 1887-8.5 Section three of said act was thereby amended so as to read as follows: "Sec. 3. That whenever any party entitled to remove any suit mentioned in the next preceding section, except in such cases as are provided for in the last clause of said section, may desire to remove such suit from a State court to the Circuit Court of the United States, he may make and file a petition in such suit in such State court at the time, or any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or plead to the declaration or complaint of the plaintiff, for the removal of such suit into the Circuit Court to be held in the District where such suit is pending, and shall make and file therewith 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 their [there?] appearing and entering special bail in such suit if special bail was originally requisite therein.7 "It shall then be the duty of the State court to accept said petition and bond, and proceed no further in such suit;8 "And the said copy being entered as aforesaid in said Circuit Court of the United States, the cause shall then proceed 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 hereinbefore mentioned in this act, 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 shall not be allowed to plead or give evidence of any other title than that by him or them stated as aforesaid as the ground of his or their claim, and the trial of issues of fact in the Circuit Courts shall, in all suits except those of equity and of admiralty and maritime jurisdiction, be by jury." 18 St. L. 470. 525 St. L. 433, 1 Supp. Rev. St. (2 Ed.) 611. 6 Post ch. X. |