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Rapids, and to report to the Secretary of War, on or before the first Surveys-Continued.
Nehalem Bay and bar.
Umpqua River, in the State of Oregon; separate surveys and estimates to be made, first, of that portion of such river between Scottsburgh and the mouth; and second, of that portion between Scottsburg and Hart's Rapids, near Elkton.
SOUTH CAROLINA. Broad and Saluda River, above Columbia.
Beaufort River, from a point three miles south of the town of Beaufort through to Coosaw River, with view to its improvement, especially at Brickyard. · Ashepoo River, from the Charleston and Savannah Railroad bridge, six miles down the river, with view to removing obstructions and shoals caused by sunken vessels.
Connect North Edisto and South Edisto Rivers by Saint Pierre River and South Creek.
Savannah River, as to whether the damage to the Vernezobie Freshet Bank in eighteen hundred and eighty-seven was caused by the work at cross-tides, and whether the maintenance of said bank is essential to the success of the work at cross-tides, and what will be the cost of so constructing said bank as to confine the water of said river to its bed.
Owendaw and Wando. Rivers and other waters and water-routes connecting Bull's Bay and the harbor of Charleston.
Socasteo Creek from its entrance into Waccamaw River to the bridge at Sòcastee.
Combahee River: Examine whether the breaking of Bull River into Combahee River near the head of Bull River will injure the navigation of Combahee River, and report a plan for obstructing said breaks and the cost thereof.
Removal of bar at mouth of Cedar Bayou where it empties into
Lower Cumberland River, from Nashville to mouth, to ascertain if necessary to establish locks and dams.
Fishing Place Cove, near Seaconnet Point, with view to constructing a breakwater.
Cove near southeast extremity of Coaster's Harbor Island, and water-way between said island and Rhode Island, with a view to deepening the water-way and removing obstructions.
Entrance to Point Judith Pond, west of Point Judith, with a view of establishing a harbor of refuge.
Coast near life-saving station, East Point Judith, with a view to constructing a breakwater.
Greenwich Bay, to deepen water on the bar at Long Point.
For a survey of Narragansett Bay at the mouth of Narrow River with a view of constructing a breakwater.
Swanton Harbor, as to what changes are necessary in present improvements.
For cutting of Hospital Point and giving a depth of twenty-five feet and an additional width of two hundred feet.
The channel crossing the Potomac from Alexandria, Virginia. to the Maryland side.
Great Chazy River from its mouth on Lake Champlain to Champlain Village.
Oconto Harbor, channel sixteen feet deep and seventy-five feet wide from piers to first contour in river at Spies Slough.
For a survey of Minnesota Point, at Superior, at the west end of Lake Superior, to ascertain what, if anything, should be done to preserve the same from the inroads of the Lake, and for the protection of the harbor, together with the cost thereof.
Menomonee Harbor, from the waters of Green Bay to N. Ludington and Company's mill, Wisconsin, for a channel sixteen feet deep and two hundred feet wide. SEC. 14. For examinations, surveys, and contingencies, and for in- Appropriation for
surveys, etc. cidental repairs, for which there is no special appropriation, for rivers sur and harbors, one hundred and fifty thousand dollars: Provided, That Provisos. no survey shall be made of any harbors or rivers until the Chief of Engineers shall have directed a preliminary examination of the same Preliminary exami. by the local engineer in charge of the district, or an engineer detailed fore survey. for the purpose; and such local or detailed engineer shall report to said Chief of Engineers, whether, in his opinion, said harbor or river is worthy of improvement, and shall state in such report fully and particularly the facts and reasons on which he bases such opinion, including the present and prospective demands of commerce; and it shall be the duty of the Chief of Engineers to direct the making of such survey, if, in ‘his opinion, the harbor or river proposed to be surveyed be worthy of improvement by the General Government; and he shall report to the Secretary of War the facts, and what public necessity or convenience may be subserved thereby, together with the full reports of the local engineer: And provided further, That Canal, etc., projects. the Government shall not be deemed to have entered upon any project for the construction or improvement of any waterway, harbor or canal mentioned in this act unless or until the work of construction shall have been actually appropriated for. Said reports of pre- Report of prelimi
nary examinations to liminary examinations and surveys shall be made to the House of be printed. Representatives, and are hereby ordered to be printed when so made.
Received by the President July 31, 1888.
nation to be made be
[NOTE BY THE DEPARTMENT OF STATE.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.].
August 3, 1888.
CHAP. 866.--An act to correct the enrollment of an act approved March third, eighteen hundred and eighty-seven, entitled "An act to amend sections one, two, three, and ten of an act to determine the jurisdiction of the circuít courts of the United States, and to regulate the removal of causes from the State courts, and for other purposes, approved March third, eighteen hundred and seventy-five."
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act ap- Removal of causes proved March third, eighteen hundred and eighty-seven, entitled Vol. 24. ch. 378, p. 562, "An act to amend sections one, two, three, and ten of an act to deter- amended. mine the jurisdiction of the circuit courts of the United States, and to regulate the removal of causes from State courts, and for other
STAT L-VOL XXV- 28
purposes, approved March third, eighteen hundred and seventy-five," be, and the same is hereby amended so as to read as follows:
“Be it enacted by the Senate and House of Representatives of the Removal of causes United States of America in Congress assembled, That the first secfrom State courts, etc. din Vol. 18, ch, 187, p. 470,
170: tion of an act entitled “An act to determine the jurisdiction of circuit
101 01 amended.
courts of the United States and to regulate the removal of causes from State courts, and for other purposes,' approved March third, eighteen hundred and seventy-five, be, and the same is hereby,
amended so as to read as follows: Concurrent jurisdic "That the circuit courts of the United States shall have original tion of circuit with State courts.
cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter
in dispute exceeds, exclusive of interest and costs, the sum or value of Limit.
two thousand dollars, and arising under the Constitution or laws of Subjects.
the United States, or treaties made, or which shall be made, under their authority, or in which controversy the United States are plaintiffs or petitioners, or in which there shall be a controversy between citizens of different States, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid, 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, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid, and shall have exclusive cognizance of all crimes and offenses cognizable under the authority of the United States, except as otherwise pro
vided by law, and concurrent jurisdiction with the district courts of the Restrictions. crimes and offenses cognizable by them. But no person shall be ar
rested 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, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in
the district of the residence of either the plaintiff or the defendant; nor Negotiable instru: shall any circuit or district court have cognizance of any suit, except ments.
upon foreign bills of exchange, to recover the contents of any promAssigbees. issory note or other chose in action in favor of any assignee, or of any
subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prose
cuted in such court to recover the said contents if no assignment or Appeals.
transfer had been made; and the circuit courts shall also have appellate jurisdiction from the district courts under the regulations and restrictions prescribed by law.”
That the second section of said act be, and the same is hereby.
amended so as to read as follows: Removal of eauses to
“SEC. 2. That any suit of a civil nature, at law or in equity, United States circuit
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, which may now be pending, or which may hereafter be brought, in any State court, may be re
moved by the defendant or defendants therein to the circuit court of Non-residents. the United States for the proper district. Any other guit 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 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 nonCitizens of different residents of that State. And when in any suit mentioned in this States.
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. And where a suit is now
Local influences. 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 rernove said cause: Provided, That if it further appear that said suit can be fully and
Cause to be remand. justly determined as to the other defendants in the State court, with- ed as to defendants
not prejudiced. out 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 Cause to be remand
" ed if prejudice does any circuit court or may hereafter be entered therein, and which has not exist. 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 No appeal allowed. any circuit court of the United States, and the 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." ..
That section three of said act be, and the same is hereby, amended Vol. 18, p. 471. so as to read as follows: “SEC 3. That whenever any party entitled to remove any suit men- Petition for removal
from State court. tioned 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 Bond for costs, ete. 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 appearing and entering special bail in such suit if special bail was originally requisite therein. It shall then be the duty of the State court to ac- Proceedings in State
court to stay. cept said petition and bond, and proceed no further in such suit, and the said copy being entered as aforesaid in said circuit court of the United States, the cause shall theni proceed in the same manner as if it had been originally commenced in the saidcircuit court; and if in any action commenced in a State court the title of land be concerned,
Actions on land titles. and the parties are citizens of the same Statė, and the matter in dispute exceed the sum or value of two thousand dollars, exclusive of