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Volume 15 · 227

Public Law 40–CCLV

supplementary to an Act entitled “An Act to allow the United States to prosecute Appeals and Writs of Error, without giving Security,” and for other Purposes.

Approved July 27, 1868

Statutory text

An Act

supplementary to an Act entitled “An Act to allow the United States to prosecute Appeals and Writs of Error, without giving Security,” and for other Purposes.

Be it enacted by the Senate and House of Representatives of the Uni ted States of America in Congress assembled,

That the provisions of the act

The United States may prosecute appeals, &c. to circuit courts, without security for costs.

entitled “An act to allow the United States to prosecute appeals and writs of error without giving security,” approved February twenty-one, eighteen hundred and sixty-three, be, and the same hereby are, extended to writs of error, appeals, or other process in law, admiralty or equity, issuing from or brought up to a circuit court of the United States.

FORTIETH CONGRESS. Sess. II. Ch. 255–258. 1868.

Sec. 2.

And be it further enacted, That any corporation, or any member

Suits in State courts against corporations, except, &c. may be removed to United States courts for certain reasons.

thereof, orther [other] than a banking corporation, organized under a law of the United States, and against which a suit at law or in equity has been or may be commenced in any court other than a circuit or district court of the United States, for any liability or alleged liability of such corporation, or any member thereof as such member, may have such suit removed from the court in which it may be pending, to the proper circuit or district court of the United States, upon filing a petition there for, verified by oath, either before or after issue joined, stating they have a defence arising under or by virtue of the Constitution of the United States, or any treaty or law of the United States, and offering good and sufficient surety for entering in such court on the first day of its session, copies of all process, pleadings, dispositions, testimony, and other proceedings in said suit, and doing such other appropriate acts as are required to be done by the act entitled “An act for the removal of causes in certain

Practice in such cases.

1866, ch. 288.

Vol. xiv. p. 306.

cases from State courts,” approved July twenty-seventh, eighteen hundred and sixty-six; and it shall be thereupon the duty of the court to accept the surety and proceed no further in the suit; and the said copies being entered as aforesaid in such court of the United States, the suit shall then proceed in the same manner as if it had been brought there by origi nal process, and all the provisions of said act in this section referred to, respecting any bail, attachment, injunction, or other restraining process, and respecting any bond of indemnity or other obligation given upon the issuing or granting of any attachment, injunction, or other restraining process, shall apply with like force and effect in all respects to similar matters, process, or things in the suits for the removal of which this act provides.

Approved, .

Parsed from the official Statutes at Large USLM XML in 15.xml