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the United States, or of any right secured by any law providing for equal rights of citizens of the United States, or of all persons within the jurisdiction of the United States.131

Seventeenth. Of all suits authorized by law to be brought by any person on account of any injury to his person or property, or of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section nineteen hundred and eighty, title, "Civil Rights."

Eighteenth. Of all suits authorized by law to be brought against any person who, having knowledge that any of the wrongs mentioned in section nineteen hundred and eighty, are about to be done, and, having power to prevent, or aid in preventing, the same, neglects or refuses so to do, to recover damages for any such wrongful act.

Nineteenth. Of all suits and proceedings arising under section fifty-three hundred and forty-four, title, "Crimes," for the punishment of officers and owners of vessels, through whose negligence or misconduct the life of any person is destroyed.

It will be noticed that several of these provisions are practically obsolete at present.

$212. Jurisdiction of circuit courts in bankruptcy proceedings. The Bankruptcy Act of 1898 provides :13

132

(a) The United States circuit courts shall have jurisdiction of all controversies at law and in equity, as distinguished from proceedings in bankruptcy, between trustees as such and adverse claimants concerning the property acquired or claimed by the trustees, in the same manner and to the same extent only as though bankruptcy proceedings had not been instituted and such controversies had been between the bankrupt and such adverse claimants.

(b) Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them

131 Holt v. Indiana Mfg. Co., 176 U. S. 68; California Oil, etc., Co.

v. Miller, 96 Fed. Rep. 22.

132 30 U. S. Stats. 552, 553.

if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant.

(c) The United States circuit courts shall have concurrent jurisdiction with the courts of bankruptcy, within their respectivé territorial limits, of the offenses enumerated in this act.

§ 213. Criminal jurisdiction of the circuit courts.-Circuit courts have exclusive cognizance of all crimes and offenses cognizable under the authority of the United States except as otherwise provided by law, and concurrent jurisdiction with the district courts of the crimes and offenses cognizable by them. But no person can be arrested in one district for trial in another in any civil action before a circuit or district court."

133

§ 214. Where suits must be brought.-No civil suit can be brought before either the district or circuit 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.134

§ 215. Removal of suits from State Courts.-Any suit of a civil nature, at law or in equity, arising under the Constitution. or laws of the United States, or treaties made, under their authority, of which the circuit courts of the United States are given original jurisdiction by the law, which are brought in any State court, may be removed by the defendant or defendants therein to the circuit court of the United States for the proper district.135 Any other suit of a civil nature, at law or in equity,

133 Rev. Stats. 629, 25 U. S. Stats. 433. See United States v. Holliday, 3 Wallace, 407; United States v. Hudson, 7 Cranch, 32; United States v. Ravara, 2 Dallas, 297; Ex parte Bollman, 4 Cranch, 75; United States v. Clark, 31 Fed. Rep. 710; Virginia v. Paul, 148 U. S. 107.

134 Rev. Stats. 629, 25 U. S. Stats. 433. See Atkins v. Disintegrating Co., 18 Wallace, 272; In re Louis

ville Underwriters, 134 U. S. 488; Smith v. Lyon, 133 U. S. 315. If a suit be one to enforce a claim to land it may be brought in the district where the land is situated, though neither party reside there. Single v. Scott Paper Mfg. Co., 55 Fed. Rep. 553.

135 Act of March 3, 1875, 18 U. S. Stats, 470, as amended by the act of March 3, 1887; 24 U. S. Stats. 552, as re-enacted by the

.

of which the circuit courts of the United States are given jurisdiction by law, which are 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.136 When in any suit brought in a State court, of a nature such that the circuit court might have jurisdiction over it, there is 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.137 Where a suit is 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

Act of August 13, 1888; 25 U. S.
Stats. 433. See Mexican National
R. Co. v. Davidson, 157 U. S. 201;
Reed v. Reed, 31 Fed. Rep. 183;
Wilson v. Smith, 66 Fed. Rep. 81;
Kanouse v. Martin, 15 Howard,
198; Stevens v. Richardson, 9 Fed.
Rep. 191; Gold Washington & W.
Co. v. Keyes, 96 U. S. 199; Cohens
v. Virginia, 6 Wheaton, 264; Peo-
ple v. Rock Island & P. Ry. Co.,
71 Fed. Rep. 753; Chappell v.
Waterworth, 155 U. S. 102; Postal
Telegraph Cable Co. v. State of
Alabama, 155 U. S. 482; Clafflin v.
McDermott, 12 Fed. Rep. 375.

130 Clause 2 of Section 2 of Act of March 3, 1887, 24 U. S. Stats. 552, corrected Aug. 13, 1888; 25 U. S. Stats. 443, amendatory to Clause 2 of Section 2 of the act of March 3, 1875. See Western

Union Tel. Co. v. Brown, 32 Fed.
Rep. 337; State v. Tutty, 41 Fed.
Rep. 753; State of Indiana v. Al-
legheny Oil Co., 85 Fed. Rep. 870;
Maloney v. American Tobacco Co.,
72 Fed. Rep. 801; Railway Co. v.
Whitton, 13 Wallace, 270; Boom
Co. v. Patterson, 98 U. S. 403;
Gaines v. Fuentes, 92 U. S. 10;
Shumway v. Chicago & Iowa R. R.
Co., 4 Fed. Rep. 481; Bevian v.
Chetwood, 9 Fed. Rep. 678; re-
moval cases, 100 U. S. 457; Bar-
ney v. Latham, 103 U. S. 205;
Sewing Machine Co.'s Case, 18
Wallace, 553.

137 25 U. S. Stats. 433. See Western Union Telegraph Co. v. Brown, 32 Fed. Rep. 337; Torrence v. Shedd, 144 U. S. 527; Wilson v. Oswego Township, 151 U. S. 56.

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 to remove said cause, on account of such prejudice or local influence; 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.138 Suits may also be removed from State courts to the circuit courts of the United States where the parties to the suit claim land to the value of at least two thousand dollars exclusive of interest and costs, under grants from different States; either plaintiff or defendant may remove a suit of this description, and the party removing cannot give evidence on the trial in the circuit court of any other title to the land than the one set up by him in his petition for removal.13 Either a civil suit or a criminal prosecution commenced in any State court for any cause whatever against any person who is denied or cannot enforce in the judicial tribunals of the State or in the part of the State where any such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction of the United States, or against any officer, civil or military, or any other person, for any arrest or imprisonment or other trespasses or wrongs made or committed by virtue of or under color of authority derived from any law providing for equal rights as

138 25 U. S. Stats. 433. The prejudice act of 1867 was repealed by implication by the act of 1887-8. See as to such repeal, Fisk v. Henarie, 142 U. S. 459; Hanrick v. Hanrick, 153 U. S. 192. See as to prejudice and local influence, Neale v. Foster, 31 Fed. Rep. 55; Amer. Bible Soc. v. Grove, 101 U. S. 610; Amer. Bible Soc. v. Price, 110 U. S. 61; Jefferson v. Driver,

117 U. S. 272; Cambria Iron Co. v. Ashburn, 118 U. S. 54.

130 Act of March 3, 1875, 3, as amended by act of August 13, 1888, 25 U. S. Stats. 433. See Peyton v. Bliss, 1 Wollw. 170; Fed. Cas. No. 11055; Town of Pawlet v. Clark, 9 Cranch, 292; Thompson v. Kendricks, 5 Haybe,

115.

aforesaid, or for refusing to do any act on the ground that it would be inconsistent with such law, may be removed for trial to the next term of the circuit court to be held in the district where the State court is situated.140 All suits brought in any State court against any revenue officer of the United States or any officer acting under registration laws may be removed to the circuit court. 141

§ 216. Appellate jurisdiction of circuit courts.-The appellate jurisdiction of the United States circuit courts was taken away at the time of the creation of the circuit courts of appeal.142

217. Appellate jurisdiction of the supreme court and of the circuit court of appeals.-The circuit courts of appeal have appellate jurisdiction to review, by appeal or writ of error, final decisions of the district or circuit courts in all cases where direct appeal to the supreme court is not granted, unless otherwise provided by law; and the judgments or decrees of the circuit court of appeals are final in all cases in which the jurisdiction is dependent entirely upon the opposite parties to the suit or controversy being aliens and citizens of the United States or citizens of different States; also in all cases arising under the patent laws, under the revenue laws, and under the criminal laws, except capital cases and in admiralty cases, excepting that in every such subject within its appellate jurisdiction the circuit court of appeals at any time may certify to the Supreme Court of the United States any questions or propositions of law concerning which it desires the instruction of that court for its proper decision. And thereupon the Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon the circuit court of appeals in such

140 Rev. Stats. 641 and 642. See Strauder v. West Virginia, 100 U. S. 303; Virginia v. Rives, 100 U. S. 313; Ex parte Virginia, 100 U. S. 339; Virginia v. Paul, 148 U. S. 107; Gibson v. Mississippi, 162 U. S. 565.

14 Rev. Stats. 643 and 644. See

State v. Port, 3 Fed. Rep. 119; State v. Emerson, 8 Fed. Rep. 441; Ins. Co. v. Ritchie, 5 Wallace, 541; Philadelphia v. Diehl, 5 Wallace, 720.

142 26 U. S. Stats. 829, act of March 3, 1891, Sec. IV.

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