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to be made, enter therein copies of the process against CHAP. 2. him; that he will appear therein; and (if special bail was originally required), that he will enter special bail in the cause; it can only be said in general, that it must be such as is satisfactory to the state court. It ought doubtless to be a bond to the plaintiff, with at least one sufficient surety; the penalty of which, especially in bailable actions, it is presumed should be sufficient to cover the whole demand of the plaintiff; since the bail in the state court are to be absolutely discharged upon the allowance of the petition for removal. Perhaps it is to be inferred from the language of the act ("it shall be the duty of the state court to accept the surety," &c.), that the state court ought to retain the custody of the bond, to be delivered over to the plaintiff for prosecution, in the event of the non-performance of its condition by the defendant. If this is not the true construction of the act, then it is to be delivered to the plaintiff. The order to be entered is that the security offered be accepted; that the cause be removed to the circuit (or district) court of the United States, in and for the district of; and, if bail has been put in, that the bail of the defendant be discharged. Such order being entered, all further proceedings in the cause are suspended until the next session of the court to which the removal is directed to be made; at which time a certified copy of the order of removal and of the process by which the defendant was brought into the state court, must be produced in the national court; upon the reading and filing whereof, it will be ordered by that court that the cause be entered therein. If bail has been entered, or was requisite in the state court, it must be put in also in the national court, within such time as is allowed for that purpose by the rules of the court.

PART 2.

As it regards the third description of suits which may be removed from the state to the national courts, the directions given in the act are so ample and explicit, as to leave no great difficulty in their practical application.

Upon the question, what shall be considered as constituting grants from different states, the decisions that have been made, have already been stated. Relative to another restrictive clause in the act, I have not met with any decision. The action, in order to be the subject of removal, must be one in which the title "to lands is concerned." It does not appear from any reported case which I have been able to find, that any suit of this nature has been removed, which was not brought for the recovery of lands thus claimed. But the language employed seems to have been intended to embrace all suits essentially depending upon such conflicting grants; as for example trespass quare clausum fregit, in which the plea of title is interposed.

This description of causes may be removed, as will be seen, at any time before trial and at the instance of either party, provided he stands in the prescribed predicament.

The motion is, in the first place, to require the opposite party to "inform the court whether he claims a right or title to the land under a grant from the state in which the suit is pending."

If he admits that he so claims, the party moving "may then, on motion, remove the cause for trial," &c., &c.; but if, on the other hand, he refuses to give the information required, he is to be precluded from pleading or giving in evidence such grant.

The whole design may, however, it is presumed, be embraced by one motion. The motion may, doubt

less, be (upon notice to that effect), that the adverse CHAP. 2. party inform whether, &c.; and if he shall inform that he claims, &c., that then the cause be removed, &c., but if he shall refuse to inform, &c., that then he shall not be allowed, &c.

When the removal is ordered at the instance of the defendant, such removal is, by the act, to be "under the same regulations as in the before mentioned case of the removal of a cause by an alien.” This provision doubtless refers to the security to be given by the defendant for entering in the circuit court, on the first day of its session, copies of the process against him, and for his appearing and entering special bail in the cause, if requisite.

PART III.

OF THE PRACTICE OF THE DISTRICT COURTS IN CASES OF SEIZURE.

PRELIMINARY REMARKS.

By the judicial act, the district courts are invested with exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation and trade of the United States, where the seizures are made on waters which are navigable from the sea, by vessels of ten or more tons burden, within their respective districts as well as upon the high seas; and also of all seizures on land, or other waters than as aforesaid, made under the laws of the United States. According to the judicial constructions which, at an early period, were given to this enactment, seizures of the first above mentioned description are of admiralty jurisdiction, and those of the second description, of common law jurisdiction.

"The judicial proceedings in these cases, are instituted and carried on under the authority, and in the name of the United States, by public officers (attorneys of the United States) appointed for this purpose.

Admiralty jurisdiction was first exercised in this country by vice-courts of admiralty, deriving their powers from the commissions under which they acted, and from acts of parliament.

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