shall be discharged. And such copies being filed 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. Original attachment to hold.
After final judgment in state court, action may be removed to circuit court by appeal.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, after 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 States to be held in the district in which such appeal shall be
taken, in manner aforesaid. Proceedings.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 process, proceedings, and judgment in such cause; and it shall also
be competent for either party, within six months after the rendition of a
judgment in any such cause, by writ of error or other process, to remove
the same to the circuit court of the United States of that district in which
such judgment shall have been rendered; Circuit court to try the case, as though originally commenced therein.
Bail and attachments.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 circuit 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,State court to proceed no further. 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, If removal is not perfected, state court may issue execution.That if the party aforesaid shall fail duly 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 have 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, Appeal not allowable in a criminal case, when, &c.
Double costs.That no such
appeal or writ of error shall be allowed in any criminal action or prosecution
where final judgment shall have been rendered in favor of the
defendant or respondent by the state court. And if in any suit hereafter
commenced the plaintiff is nonsuited or judgment pass against him, the
defendant shall recover double costs.
Suit may be carried to the supreme court.Sec. 6. And be it further enacted, That any suit or prosecution described in this act, in which final judgment may be rendered in the circuit court, may be carried by writ of error to the supreme court, whatever may be the amount of said judgment.
Suits and prosecutions to be commenced within two years.Sec. 7. And be it further enacted, That no suit or prosecution, civil or criminal, shall be maintained for any arrest or imprisonment made, or other trespasses or wrongs done or committed, or act omitted to be done, at any time during the present rebellion, by virtue or under color of any authority derived from or exercised by or under the President of the United States, or by or under any act of Congress, unless the same shall have been commenced within two years next after such arrest, imprisonment, trespass, or wrong may have been done or committed or act may have been omitted to be done: Provided, Limitation not to commence until passage of this act.That in no case shall the limitation herein provided commence to run until the passage of this act, so
