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." § 13. Process in certain local actions begun in a Circuit Court may be served personally outside the District, or by publication if personal service is not practicable, under the act of 1875, § 8.1-"Sec. 8. That when in any suit, commenced in any Circuit Court of the United States, to enforce any legal or equitable lien upon, or claim to, or to remove any incumbrance or lien or cloud upon the title to real or personal property within the District where such suit is brought, one or more of the defendants therein shall not be an inhabitant of, or found within, the said District, or shall not voluntarily 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 practicable, wherever found, and also upon the person or persons in possession or charge of said property, if any there be; "Or where such personal service upon such absent defend$13. present all the sections of the acts 118 St. L. 470, 1 Supp. Rev. St. of 1875 and 1887-8 that are in force, (2 Ed.) 83. as a knowledge of all the sections This section has no direct bear-is necessary to a complete undering upon the subject of the removal standing of those directly upon the of causes, but it seems desirable to subject of removal, ant or defendants is not practicable, such order shall be published in such 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; "But said adjudication shall, as regards said absent defendant or defendants without appearance, affect only the property which shall have been the subject of the suit and under the jurisdiction of the Court therein, within such District, "And when a part of the said real or personal property against which such proceeding shall be taken shall be within another District, but 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." 2 § 14. A formal proceeding to revive a suit, where a party dies after judgment, is dispensed with, as a condition to an appeal or writ of error, by the act of 1875, § 9.1 "Sec. 9. That whenever either party to a final judgment or decree which has been or shall be rendered in any Circuit Court has died or shall die before the time allowed for tak This section is expressly saved from repeal by the act of 1887-8, post $19. $ 14. 118 St. L. 470, 1 Supp. Rev. St. (2 Ed.) 83. ing an appeal or bringing a writ of error has expired, it shall not be necessary to revive the suit by any formal proceedings aforesaid. "The representative of such deceased party may file in the office of the clerk of such Circuit Court a duly certified copy of his appointment 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." § 15. Conflicting laws are repealed by the act of 1875, § 10.1" Sec. 10. That all acts and parts of acts in conflict with the provisions of this act are hereby repealed." 2 § 16. A receiver or manager of property appointed by a Federal Court is subject to State laws governing the owner of the property, by the act of 1887-8, § 2.1"Sec. 2. That whenever in any cause pending in any Court of the United States there shall be a receiver or manager in possession of any property, such receiver or manager shall manage and operate such property according to the requirements of the valid laws of the State in which such property shall be situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof.2 "Any receiver or manager who shall willfully violate the provisions of this section shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding three thousand dollars, or by imprison $15. moval (post §§ 194, 195, 196), were '18 St. L. 470, 1 Supp. Rev. St. not repealed by the act of 1875. (2 Ed.) 83. 2 This act repealed Rev. St., § 639, cl. 1 and cl. 2, but not cl. 3. $16. 125 St. L. 433, 1 Supp. Rev. St. (2 Ed.) 611. Ante § 7, note 6 and cases cited. 2 Erb v. Morasch, 177 U. S. 584, Special statutes conferring juris-20 Sup. Ct. 819, 44 L. 897, affirming diction upon Circuit Courts by orig- s. c., 60 Kan. 251, 56 Pac. 133. inal process (post ch. V) or by re ant or defendants is not practicable, such order shall be published in such 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; "But said adjudication shall, as regards said absent defendant or defendants without appearance, affect only the property which shall have been the subject of the suit and under the jurisdiction of the Court therein, within such District, "And when a part of the said real or personal property against which such proceeding shall be taken shall be within another District, but 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." 2 § 14. A formal proceeding to revive a suit, where a party dies after judgment, is dispensed with, as a condition to an appeal or writ of error, by the act of 1875, § 9.1"Sec. 9. That whenever either party to a final judgment or decree which has been or shall be rendered in any Circuit Court has died or shall die before the time allowed for tak 2 This section is expressly saved from repeal by the act of 1887-8, post $19. § 14. 118 St. L. 470, 1 Supp. Rev. St. (2 Ed.) 83. ing an appeal or bringing a writ of error has expired, it shall not be necessary to revive the suit by any formal proceedings aforesaid. "The representative of such deceased party may file in the office of the clerk of such Circuit Court a duly certified copy of his appointment 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." § 15. Conflicting laws are repealed by the act of 1875, § 10. "Sec. 10. That all acts and parts of acts in conflict with the provisions of this act are hereby repealed." 2 § 16. A receiver or manager of property appointed by a Federal Court is subject to State laws governing the owner of the property, by the act of 1887-8, § 2.1"Sec. 2. That whenever in any cause pending in any Court of the United States there shall be a receiver or manager in possession of any property, such receiver or manager shall manage and operate such property according to the requirements of the valid laws of the State in which such property shall be situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof." "Any receiver or manager who shall willfully violate the provisions of this section shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding three thousand dollars, or by imprison $15. moval (post §§ 194, 195, 196), were '18 St. L. 470, 1 Supp. Rev. St. not repealed by the act of 1875. (2 Ed.) 83. 2 This act repealed Rev. St., § 639, cl. 1 and cl. 2, but not cl. 3. $16. 125 St. L. 433, 1 Supp. Rev. St. (2 Ed.) 611. Ante § 7, note 6 and cases cited. 2 Erb v. Morasch, 177 U. S. 584, Special statutes conferring juris-20 Sup. Ct. 819, 44 L. 897, affirming diction upon Circuit Courts by orig- s. c., 60 Kan. 251, 56 Pac. 133. inal process (post ch. V) or by re |