War of the Rebellion: Serial 118 Page 0314 PRISONERS OF WAR AND STATE, ETC.

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appearance in such court or if such appearance shall have been entered before the passage of this act, then at the next session of the court in which such suit or persecution is pending file a petition stating the facts and verified by affidavit for the removal of the case next circuit court of the United States to be holden in the district where the suit is pending, and offer good and sufficient surety for his filing in such court on the first day of its session copies of such process and other proceedings against him, and also for his appearing in such court and entering special bail in the cause if special bail was originally required thereon, and it shall then be the duty of the State court to accept the surety and proceed no further in the cause or prosecution and the bail that shall have been originally taken shall be discharged. And such copies being field as aforesaid in such court of the United States the cause shall proceed therein in the same manner as if it had been brought in said court by original process, whatever may be the amount in dispute or the damages claimed or whatever the citizenship of the parties, any former law to the contrary notwithstanding.

And any attachment of the goods or estate of the defendant by the original process shall hold the goods or estate so attached to answer the final judgment in the same manner as by the laws of such State they would have been holden to answer final judgment had it been rendered in the court in which the suit or prosecution was commenced. And it shall be lawful in any such action or prosecution which may be now pending or hereafter commenced before any State court whatever for any cause aforesaid final judgment for either party to remove and transfer by appeal such case during the session or term of said court at which the same shall have taken place from such court to the next circuit court of the United State to be held in the district in which such appeal shall be taken in manner aforesaid. And it shall be the duty of the person taking such appeal to produce and file in the said circuit court attested copies of the proceeds, proceedings and judgment in such cause; and it shall also be competent for either party within six months after his rendition of a judgment in any such cause by writ of error or remove the same to the circuit court of the United States of that district in which such judgment shall have been rendered; and the said circuit court shall thereupon proceed to try and determine the facts and the law in such action in the same manner as if the same had been there originally commenced, the judgment in such case notwithstanding. And any bail which may have been taken or property attached shall be holden on the final judgment of the said court in such action in the same manner as if no such removal and transfer had been made as aforesaid. And the State court from which any such action, civil or criminal, may be removed and transferred as aforesaid upon the parties giving good and sufficient security for the prosecution thereof shall allow the same to be removed and transferred, and proceed no further in the case: Provided, however, That if the party aforesaid shall fail duty to enter the removal and transfer as aforesaid in the circuit court of the United States agreeably to this act the State court by which judgment shall been rendered and from which the transfer and removal shall have been made as aforesaid shall be authorized on motion for that purpose to issue execution and to carry into effect any such judgment the same as if no such removal and transfer had been made: And provided also, That no such appeal or writ of error shall be allowed in any criminal action or prosecution where final judgment shall been rendered in favor of the defendant or respondent by the State court. And if in any suit hereafter commenced the