Secretary of SEC. 3. That the Secretary of the Treasury shall have power to make such regulations, not inconsistent with law, as may be necessary to carry Treasury to make this act into effect. regulatiotions statement of SEC. 4. That the Secretary of the Treasury shall, in his annual report to Congress, give a detailed statement of the various sums of money gress annually refunded under the provisions of this act or of any other act of Congress money refunded relating to the revenue, together with copies of the rulings under which under revenue repayments were made: Provided, That in all cases where the Secretary of the Treasury shall so request the Attorney-General shall take an appeal to the Supreme Court. [March 3, 1875.] CHAPTER 137. AN ACT TO DETERMINE THE JURISDICTION OF CIRCUIT COURTS OF THE UNITED STATES, SECTION 1. Circuit courts; concurrent jurisdiction with State courts in civil cases. -jurisdiction of, in cases of crimes. Persons not to be arrested in one district for trial in another. Suits in circuit and district courts to be brought only in district where defendant resides or isfound, except, &c. -not to be maintained by assignee of original parties who could not have brought same, except, &c. Appelate jurisdiction of circuit courts. 2. Suits removable from State courts to circuit courts. -where the controversy is wholly between 3. Petition, bond, and proceedings for removal Issues of fact in circuit court to be tried by 4. In cases removed from State courts, previous attachments, bonds, securities, orders, &c., to remain valid. Be it enacted, &c. SECTION 5. Suits improperly brought in or removed to - subject to review by Supreme Court. 6. In suits removed to circuit courts proceedings 7. -time for filing copy of record and appear. - refusal of clerk of State court to furnish court may issue mandamus to compel re- 8. Absent defendants in suits in circuit courts, -adjudication against, to affect only prop- such suits may be brought in either district -not personally notified may appear within 9. Death of party to final judgment in circnit laws, &c. March 3, 1875. 18 Stat. L., 470. cases. [SECTION 1], That the circuit courts of the United States shall have Circuit courts; original cognizance, concurrent with the courts of the several States, of concurrent jurisall suits of a civil nature at common law or in equity, where the matter diction with State in dispute exceeds, exclusive of costs, the sum or value of five hundred courts in civil 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 are plaintiffs or petitioners, 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; R. S., § 629. 101 U. S., 297. 13 Blatch., 388, 470. 4 Dillon, 239. And shall have exclusive cognizance of all crimes and offenses cogni. -jurisdiction of, zable under the authority of the United States, except as otherwise pro- in cases of crimes. vided by law, and concurrent jurisdiction with the district courts of the crimes and offenses cognizable therein. But no person shall be arrested in one district for trial in another in any civil action before a circuit or district court. And no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, or in which he shall be found at R. S., §§ 563, 711. Persons not to be arrested in one district for trial in another. R. S., § 739. Suits in circuit and district courts to be brought only in district where the time of serving such process or commencing such proceeding, except defendant resides as hereinafter provided; or is found, except, &c. R. S, §§ 740-745. 3 Hughes, 249. Suits not to be Nor shall any circuit or district court have cognizance of any suit maintained by as founded on contract in favor of an assignee, unless a suit might have signee of original parties who could been prosecuted in such court to recover thereon if no assignment had not have brought been made, except in cases of promissory notes negotiable by the law same, except, &c. merchant and bills of exchange. R. S., § 629, par. 13 Blatch., 435; Appellate juris 1. courts. 17 Ib., 19; 7 Bissell, 354, 360. And the circuit courts shall also have appellate jurisdiction from the diction of circuit district courts under the regulations and restrictions prescribed by law. Suits removable SEC. 2. That any suit of a civil nature, at law or in equity, now pendfrom State courts ing or hereafter brought in any State court where the matter in dispute to circuit courts. exceeds, exclusive of costs, the sum or value of five hundred dollars, and 94 U. S., 4, 650; 96 arising under the Constitution or laws of the United States, or treaties Ib., 199; 98 Ib., made, or which shall be made, under their authority, or in which the 403; 99 Ib., 80, 147; United States shall be plaintiff or petitioner, or in which there shall be 100 Ib., 457; 101 R. S., §§ 639-643; Ib., 289, 610; 7 a controversy between citizens of different States, or a controversy beBissell, 103, 449, tween citizens of the same State claiming lands under grants of differ497; 3 Dill., 284; ent States, or a controversy between citizens of a State and foreign 4 Ib., 242, 260, 264, States, citizens, or subjects, either party may remove said suit into the Ib., 223, 489; 63 circuit court of the United States for the proper district. 277, 425, 474; 5 Ala., 349; 3 Sawyer, 553; 4 Ib., 178; 5 Ib., 494; 3 Woods, 56, 222, 273, 277, 397, 413, 487, 620, 683, 715; 13 Blatch., 170, 395; 14 Ib., 214, 449, 451, 496; 15 Ib., 405, 433; 16 Ib., 48, 150, 182, 233, 309, 319; 17 Ib., 342, 363, 369, 370, 452, 511; 13 N. Y. Supreme, 197; 16 1b., 397 (reversed 74 N. Y., 53); 17 Ib., 383; 18 Ib., 370, 462; 20 Ib., 332, and 76 N. Y., 207; 27 N. Y. Supreme, 239; 52 N. Y., 96; 64 Ib., 449; 65 Ib., 195; 67 lb., 544; 64 Ind., 360; 25 Minn., 534; 30 La. Ann., 1, 471, 1305; 31 Ib., 41, 363; 35 Mich., 146; 122 Mass., 431; 102 U. S. 135. where the con- And when in any suit mentioned in this section there shall be a controversy is wholly troversy which is wholly between citizens of different States, and which between citizens of can be fully determined as between them, then either one or more of the different States. plaintiffs or defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district. Petitions, bonds, SEC. 3. That whenever either party, or any one or more of the plaintand proceedings iffs or defendants entitled to remove any suit mentioned in the next prefor removal of suits ceding section shall desire to remove such suit from a State court to the from State to Fed- circuit court of the United States, he or they may make and file a peti 403; 7 Bissell, 103; eral courts. 100 U. S., 457; tion in such suit in such State court before or at the term at which said 13 Blatch., 170, cause could be first tried and before the trial thereof for the removal 218, 231, 267; 14 of such suit into the circuit court to be held in the district where such 1b., 269; 15 16. suit is pending, and shall make and file therewith a bond, with good and 4 Dillon, 559, 563, sufficient surety, for his or their entering in such circuit court, on the 566; 2 Wood, 117; first day of its then next session, a copy of the record in such suit, and 3 Hughes, 234, 449, for paying all costs that may be awarded by the said circuit court, if. 452; 122 Mass., 431; 28 N. J. Equity, said court shall hold that such suit was wrongfully or improperly re117; 17 Blatch., moved thereto, and also for there appearing and entering special bail 363, 522. in such suit, if special bail was originally requisite therein, it shall then be the duty 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; Suits concerning And if in any action commenced in a State court the title of land be conreal estate claimed under State grants cerned, and the parties are citizens of the same State, and the matter in between citizens of dispute exceed the sum or value of five hundred dollars, exclusive of same State, how costs, the sum or value being made to appear, one or more of the plaintremoved from iff's or defendants, before the trial, may state to the court, and make State to Federal affidavit, if the court require it, that he or they claim and shall rely R. S., § 647. upon a right or title to the land under a grant from a State, and pro courts. duce 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 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; No other title to 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 be pleaded. 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 Issues of fact in except those of equity and of admiralty and maritime jurisdiction, be circuit court to be by jury. tried by jury, except in equity, ad649. 100 Ü. S., 208. previous attach miralty, and maritime cases. R. S., §§ 648, SEC. 4. That when any suit shall be removed from a State court to a In cases removed circuit court of the United States, any attachment or sequestration of from State courts, the goods or estate of the defendant had in such suit in the State court ments, bonds, seshall hold the goods or estate so attached or sequestered to answer the curity, orders, &c., final judgment or decree in the same manner as by law they would have to remain valid. been held to answer final judgment or decree had it been rendered by the court in which such suit was commenced; And 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. R. S., § 646. Suits improperly moved to circnit SEC. 5. That if, in any suit commenced in a circuit court, or removed from a State court to a circuit court of the United States, it shall appear brought in or reto the satisfaction of said circuit court, at any time after such suit has court may be disbeen brought or removed thereto, that such suit does not really and missed or remandsubstantially involve a dispute or controversy properly within the juris- ed. diction 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; 94 U. S., 4. subject to review But the order of said circuit court dismissing or remanding said cause to the State court shall be reviewable by the Supreme court on writ of by Supreme Court. error or appeal, as the case may be. R. S., §§ 690-701. In suits removed 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 suit to circuit court, had been originally commenced in said circuit court, and the same pro- as in other cases. proceedings to be ceedings had been taken in such suit in said circuit court as shall have been had therein in said State court prior to its removal. 13 Blatch., 227. 15 Blatch., 403. 3 Hughes, 449. 3 Hughes, 452. SEC. 7. That in all causes removable under this act, if the term of -time for filing the circuit court to which the same is removable, then next to be holden, copy of record and appearance in. 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 refusal of clerk pending, shall refuse to any one or more of the parties or persons ap of State court to 176 R. S., 645. 1875.-MARCH; CHAPTER 137, § 8. furnish copies, plying to remove the same, a copy of the record therein, after tender of Absent defend force liens, remove 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 the ants in suits in cir- United States, to enforce any legal or equitable lien upon, or claim to, cuit courts to en- or to remove any incumbrance or lien or cloud upon the title to real or incumbrances or personal property within the district where such suit is brought, one or cloud on title to more of the defendants therein shall not be an inhabitant of, or found property, how within, the said district, or shall not voluntarily appear thereto, it shall served with pro- be lawful for the court to make an order directing such absent defendR. S., §§ 737, 738. ant 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; cess, &c. -adjudication Or where such personal service upon such absent defendant 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 deagainst, to affect fendants without appearance, affect only the property which shall have only property. been the subject of the suit and under the jurisdiction of the court therein, within such district, -such suits may And when a part of the said real or personal property against which be brought in such proceeding shall be taken shall be within another district, but within either district the same State, said suit may be brought in either district in said State: within which part of property is. R. S., §§ 740-742. -not personally Provided, however, That any defendant or defendants not actually notified, may ap- personally notified as above provided may, at any time within one year pear within year after final judgment in any suit mentioned in this section, enter his ap after judgment and have same set pearance in said suit in said circuit court, and thereupon the said court aside, &c. 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. SEC. 9. That whenever either party to a final judgment or decree which Death of party to final judgment in has been or shall be rendered in any circuit court has died or shall die circuit court before before the time allowed for taking an appeal or bringing a writ of error time for appeal or has expired, it shall not be necessary to revive the suit by any formal writ of error exproceedings aforesaid. pired; proceed R. S., §§ 955, 956. The representative of such deceased party may file in the office of the ings. 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. SEC. 10. That all acts and parts of acts in conflict with the provisions of this act are hereby repealed. [March 3, 1875.] Repeal. CHAPTER 138. AN ACT RELATING TO THE PUNISHMENT OF THE CRIME OF MANSLAUGHTER. SECTION 1. Manslaughter; how punished. Be it enacted, &c. SECTION [SECTION 1], 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: 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., 473. Manslaughter; how punished. R. S., § 5343. Repeal. R. S., § 5343. CHAPTER 139. AN ACT TO ENABLE THE PEOPLE OF COLORADO TO FORM A CONSTITUTION AND STATE [SECTION 1], That the inhabitants of the Territory of Colorado included in the boundaries hereinafter designated be, and they are hereby, author ized to form for themselves, out of said Territory, a State government, March 3, 1875. 18 Stat. L., 474. Colorado to form for admission into State government the Union. |