or they claim a right or title to the land under a grant from some other State, the party or parties so required shall give such information, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial; and if he or they inform that he or they do claim under such grant, any one or more of the party moving for such information may then, on petition and bond, as herein before mentioned in this act, remove the cause for trial to the Circuit Court of the United States next to be holden in such district; and any one of either party removing the cause shall not be allowed to plead or give evidence of any other title than that by him or them stated as aforesaid as the ground of his or their claim."1 § 388. Practice on removal of suits against revenue officers, and officers of either House of Congress. In the removal of proceedings, civil or criminal, against revenue officers of the United States, or persons who are or have been officers of either House of Congress, for acts done by them in the discharge of their official duty, the practice is regulated by the Revised Statutes as follows: The petition must set forth the nature of the suit or prosecution, and be verified by affidavit; and, together with a certificate signed by an attorney or counselor at law of some court of record of the State where such suit or prosecution is commenced, or of the United States, stating that, as counsel for the petitioner, he has examined the proceedings against him, and carefully inquired into all the matters set forth in the petition, and that he believes them to be true, it must be presented to the Circuit Court, if in session, or if it be not, to the clerk thereof at his office, and filed in said office. The cause is thereupon entered on the docket of the Circuit Court, and proceeds as a cause originally commenced in that court; but all bail and other security given upon such suit or prosecution continue in like force and effect as if the same had proceeded to final judgment and execution in the State court. When the suit is commenced in the State court by summons, subpoena, petition, or another process, except capias, the clerk of the Circuit Court issues a writ of certiorari to the State court, requiring it to send to the Circuit Court the record and proceedings in the cause. When it is commenced by capias or any other similar form of proceeding by which a personal ar § 387. 118 St. at L. 470, § 33, as amended by 25 St. at L. 43. 3 rest is ordered, the clerk issues a writ of habeas corpus cum causa, a duplicate of which must be delivered to the clerk of the State court, or left at his office by the marshal of the district, or his deputy; or by some person duly authorized thereto; and thereupon it is the duty of the State court to stay all further proceedings in the cause; and the suit or prosecution, upon delivery of such process, or leaving the same as aforesaid, is held to be removed to the Circuit Court, and any further proceedings, trial, or judgment therein in the State court is void. It has been held that the removal may be had, when a complaint and information has been filed with a justice of the peace and a warrant issued by him in a prosecution for a misdemeanor which is not the subject of indictment. But otherwise the removal cannot be had before indictment or an information in the State court. Where a revenue officer has been arrested for an official act, his only remedy before indictment is an application to the Federal court for a writ of habeas corpus. If the defendant in the suit or prosecution be in actual custody on mesne process therein, it is the duty of the marshal, by virtue of the writ of habeas corpus cum causa, to take the body of the defendant into his custody, to be dealt with in the cause according to law and the order of the Circuit Court, or, in vacation, of any judge thereof; and if, upon the removal of such suit or prosecution, it is made to appear to the Circuit Court that no copy of the record and proceedings therein in the State court can be obtained, the Circuit Court may allow and require the plaintiff to proceed de novo, and to file a declaration of his cause of action, and the parties may thereupon proceed as in actions originally brought in said Circuit Court. On failure of the plaintiff so to proceed, judgment of non prosequitur may be rendered against him, with costs for the defendant. It is the duty of the State prosecuting attorney to continue the prosecution and of the United States district attorney to defend after the removal. If the indictment is for any § 388. U. S. R. S., § 643; 18 St. at L. 401. See In re Neagle, 135 U. S. 1; State v. Sullivan, 50 Fed. R. 593. 2 Commonwealth of Virginia v. Bingham, 88 Fed. R. 561. 3 Virginia v. Paul, 148 U. S. 107. 4 Virginia v. Paul, 148 U. S. 107, 121; U. S. R. S., §§ 751, 753; supra, § 366. U. S. R. S., § 643; 18 St. at L. 401. 6 Delaware v. Emerson, 8 Fed. R. 411. reason dismissed after the removal, the Federal court has no jurisdiction to find a new indictment for the offense against the State law.' § 389. Practice on removal of cases arising under the civil rights laws. Upon the filing of a petition for the removal of a case arising under the civil rights laws, the Revised Statutes provide that "all further proceedings in the State courts shall cease, and shall not be resumed except as hereinafter provided. But all bail and other security given in such suit or prosecution shall continue in like force and effect, as if the same had proceeded to final judgment and execution in the State court. It shall be the duty of the clerk of the State court to furnish such defendant, petitioning for a removal, copies of said process against him, and of all pleadings, depositions, testimony, and other proceedings in the case. If such copies are filed by said petitioner in the Circuit Court on the first day of its session, the cause shall proceed therein in the same manner as if it had been brought there by original process: and if the said clerk refuses or neglects to furnish such copies, the petitioner may thereupon docket the case in the Circuit Court, and the said court shall then have jurisdiction therein, and may, upon proof of such refusal or neglect of said clerk, and upon reasonable notice to the plaintiff, require the plaintiff to file a declaration, petition, or complaint in the cause; and, in case of his default, may order a nonsuit and dismiss the case at the costs of the plaintiff, and such dismissal shall be a bar to any further suit touching the matter in controversy. But if, without such refusal or neglect of said clerk to furnish such copies and proof thereof, the petitioner for removal fails to file copies in the Circuit Court as herein provided, a certificate under the seal of the Circuit Court, stating such failure, shall be given, and upon the production thereof in said State court, the cause shall proceed therein as if no petition for a removal had been filed."1 "When all acts necessary for the removal of any suit or prosecution, as provided in the preceding section, have been performed, and the defendant petitioning for such removal is in actual custody on process issued by said State court, it shall be the duty of the clerk of said Circuit Court to issue a writ of habeas corpus cum causa, and of the marshal, by virtue of said 7 Bush v. Kentucky, 107 U. S. 110, 115. § 389. 1U. S. R. S., § 641. writ, to take the body of the defendant into custody, to be dealt with in said Circuit Court according to law and the orders of said court, or in vacation, of any judge thereof; and the marshal shall file with or deliver to the clerk of said State court a duplicate copy of said writ." After the Circuit Court has quashed an indictment in such a case, it has no jurisdiction to find a new indictment, but it may remand the prisoner to the custody of the State court, which may then find a new indictment. This statute does not authorize the removal of a case where the Constitution and laws of the State do not discriminate against the accused. The remedy where it is the custom to exclude colored men from grand juries is by a motion to quash the indictment, which can be reviewed by a writ of error to the final judgment of the Supreme Court of the United States." A case cannot be removed under this statute because of an unjust discrimination against a defendant before the trial, or upon the trial,' which is not based upon a provision in the State Constitution or laws. A civil suit by a State against one of its own citizens cannot for that reason be removed.8 § 390. Filing of record. The statute regulating the filing of the record after a removal is as follows: "That in all causes removable under this act, if the term of the Circuit Court to which the same is removable, then next to be holden, shall commence within twenty days after filing the petition and bond in the State court for its removal, then he or they who apply to remove the same shall have twenty days from such application to file said copy of record in said Circuit Court and enter appearance therein; and if done within said twenty days, such filing and appearance shall be taken to satisfy the said bond in that behalf; that if the clerk of the State court in which any such cause shall be pending shall refuse to any one or more of the parties or persons applying to remove the same a copy of the record therein, after tender of legal fees for such 2 U. S. R. S., § 642. 3 Bush v. Kentucky, 107 U. S. 110. 4 Neal v. Delaware, 103 U. S. 370; Gibson v. Mississippi, 162 U. S. 565. 5 Gibson v. Mississippi, 162 U. S. 565, 584; U. S. v. Gale, 109 U. S. 65, 69; Neal v. Delaware, 103 U. S. 370; Smith v. Mississippi, 162 U. S. 592. 6 California v. Chue Fan, 42 Fed. R. 865; Gibson v. Mississippi, 162 U. S. 565. 7 Murray v. Louisiana, 163 U. S. 101. 8 Alabama v. Wolffe, 18 Fed. R. 836. copy, said clerk so offending shall be deemed guilty of a misdemeanor, and, on conviction thereof in the Circuit Court of the United States to which said action or proceeding was removed, shall be punished by imprisonment not more than one year, or by fine not exceeding one thousand dollars, or both, in the discretion of the court. And the Circuit Court to which any cause shall be removable under this act shall have power to issue a writ of certiorari to said State court, commanding said State court to make a return of the record in any such cause removed as aforesaid, or in which any one or more of the plaintiffs or defendants have complied with the provisions of this act for the removal of the same, and enforce said writ according to law; and if it shall be impossible for the parties or persons removing any cause under this act, or complying with the provisions for the removal thereof, to obtain such copy, for the reason that the clerk of said State court refuses to furnish a copy, on payment of legal fees, or for any other reason, the Circuit Court shall make an order requiring the prosecutor in any such action or proceeding to enforce forfeiture or recover penalty as aforesaid, to file a copy of the paper or proceeding by which the same was commenced within such time as the court may determine; and in default thereof the court shall dismiss the said action or proceeding. But if said order shall be complied with, then said Circuit Court shall require the other party to plead, and said action or proceeding shall proceed to final judgment; and the said Circuit Court may make an order requiring the parties thereto to plead de novo; and the bond given, conditioned as aforesaid, shall be discharged so far as it requires copy of the record to be filed as aforesaid." The failure to file a copy of the record on or before the first day of its next session does not deprive the Federal court of jurisdiction to proceed in the suit; and that court has power to allow the record to be subsequently filed.2 Misinformation from the clerk as to the time when the record $390. 118 St. at L. 470, § 7; 25 St. 214; Woolridge v. McKenna, 8 Fed. at L. 823. 2 St. Paul & C. Ry. Co. v. McLean, 108 U. S. 212, 216; Railroad Co. v. Koontz, 104 U. S. 5; Bright v. Milwaukee & St. P. R. Co., 14 Blatchf. R. 650; Winchell v. Coney, 27 Fed. R. |