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be brought before either of said Courts against any person by any original process of 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; nor shall any Circuit or District Court have cognizance of any suit except upon foreign bills of exchange, to recover the contents of any promissory note or other chose in action in favor of any assignee, or of any subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such Court to recover the said contents if no assignment or transfer had been made; and the Circuit Courts shall also have appellate jurisdiction from the District Courts, under the regulations and restrictions prescribed by law.
Removal of Causes from State Courts.
That any suit of a civil nature, at law or in equity, arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, of which the Circuit Courts of the United States are given original jurisdiction, as above, which may now be pending, or which may hereafter be 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. Any other suit of a civil nature, at law or in equity, of which the Circuit Courts of the United States are given jurisdiction, as above, and which are now pending, or which may hereafter be 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; and when in any suit mentioned herein there shall be 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. .
And where a suit is now pending, or may be hereafter 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 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, on account of such prejudice or local influence, to remove said cause; 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.
At any time before the trial of any suit which is now pending in any Circuit Court, or may hereafter be entered therein, and which has been removed to said Court from a State Court on the affidavit of any party plaintiff that he had reason to believe and did believe that, from prejudice or local influence, he was unable to obtain justice in said State Court, the Circuit Court shall, on application of the other party, examine into the truth of said affidavit and the grounds thereof, and, unless it shall appear to the satisfaction of said Court that said party will not be able to obtain justice in such State Court, it shall cause the same to be remanded thereto..
Whenever any cause shall be removed from any State Court into any Circuit Court of the United States, and the Circuit Court shall decide that the cause was improperly removed, and order the same to be remanded to the State Court from whence it came, such remand shall be immediately carried into execution, and no appeal or writ of error from the decision of the Circuit Court so remanding such cause shall be allowed.
District Courts of the United States have jurisdictionOf suits for the collection of the Internal Revenue.
Of all suits for penalties and forfeitures incurred under the law of the United States.
Of all causes of action arising under the postal laws of the United States.
Of certain admiralty cases, etc., etc.
State of California.
COURTS AND THEIR JURISDICTION.
The following are the Courts of justice of this State:
5. The Police Courts, and such other inferior Courts as the Legislature may establish in any incorporated city or town, or city and county
The three first-named Courts are Courts of Record.
Court of Impeachment.
The Court of Impeachment is the Senate; when sitting as such Court the Senators shall be upon oath; and at least twothirds of the members elected shall be necessary to constitute a quorum.
The Court has jurisdiction to try impeachments, when presented by the Assembly, of the Governor, Lieutenant-Governor, Secretary of State, Controller, Treasurer, Attorney-General, Surveyor-General, Chief Justice of the Supreme Court, Associate Justices of the Supreme Court, and Judges of the Superior Courts, for any misdemeanor in office.
The officers of the Senate are the officers of the Court.
Supreme Court. The Supreme Court shall consist of a Chief Justice and six Associate Justices.
There shall be two departments of the Supreme Court, denominated respectively Department One and Department Two. The Chief Justice shall assign three of the Associated Justices to each department, and such assignment may be changed by him from time to time; provided, that the Associate Justices shall be competent to sit in either department, and may interchange with one another by agreement among themselves, or if no such agreement be made, as ordered by the Chief Justice. The Chief Justice may sit in either department, and shall preside when so sitting; but the Justices assigned to each department shall select one of their number as presiding Justice. Each of the departments shall have the power to hear and determine causes and all questions arising therein, subject to the provisions in relation to the Court in bank. The presence of three Justices shall be necessary to transact any business in either of the departments, except such as may be done at chambers; but one or more of the Justices may adjourn from time to time with the same effect as it all were present, and the concurrence of three Justices shall be necessary to pronounce a judgment; provided, that if three do not concur the cause may be reheard in the same department, or transmitted to the other department, or to the Court in bank.
The Chief Justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the Court to be heard and decided by the Court in bank. The order may be made before or after judgment pronounced by a department; but when a cause has been allotted to one of the departments, and a judgment pronounced therein, the order must be made within thirty days after such judgment, and