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capias, or by any other similar form of proceeding by which a personal arrest is ordered, he shall issue a writ of habeas corpus cum causa, a duplicate of which shall 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 shall be 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, shall be held to be removed to the circuit court, and any further proceedings, trial, or judgment therein in the State court shall be void. And if the defendant in the suit or prosecution be in actual custody on mesne process therein, it shall be 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.
Construction of Sec. 643 R. S. State v. Kirkpatrick, 42 Fed. Rep. 689 ; State v. Post, 3 Fed. Rep. 117 ; State v. Bolton, 11 Fed. Rep. 217; Tennessee v. Davis, 100 U. S. 257 ; S. C. v. Davis, 107 U. S. 597 ; State v. Hoskins, 77 N. C. 530 ; In re Neagle, 39 Fed. Rep. 833 ; In re Neagle, 10 Sup. Ct. Rep. 658.
The act of March 3, 1875 (18 Stat. 470), entitled “an act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from State courts, and for other purposes,” does not supersede Sec. 643. Venable v. Richards, 105 U. S. 636. Sec. 5 of the act of March 3, 1887 (24 Stat. 552), as corrected by the act of August 13, 1888 (25 Stat. 433), which amended the act of March 3, 1875, above referred to, provides that nothing in this act shall be held to repeal or affect any jurisdiction or right mentioned in Sec. 643.
Case under Sec. 643 R. S. Removal of prosecution against United States deputy marshal acting under revenue laws from State court to United States Circuit Court. Commonwealth of Va. v. Paul, District Judge, 148 U. S. 107.
A rule granted by a State court upon a United States collector of internal revenue to show cause why an attachment should not issue against him for contempt of said court in refusing to allow the sheriff to
enter a distillery warehouse, and seize in execution spirits held therein for internal revenue taxes, is a "civil suit” removable into the United States Circuit Court under Sec. 643 R. S.; and in a case removable under said section the jurisdiction of the circuit court attaches upon the filing therein of the proper petition; and upon the due delivery of the prescribed process issued to the State court, the jurisdiction of the latter court is wholly divested, so that its subsequent orders are coram non judice and void. McCullough, Jr., v. Large, 20 Fed. Rep. 307.
Removal from State court, of suit against collector. Salt Co. v. Wilkinson, 8 Blatch. 30.
Sec. 731. When any offense against the United States is begun Offenses begun
in one judicial district and completed in another, it in one district; shall be deemed to have been committed in either, and and coinpleted
may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein.
The word “district” in second line of Sec. 731 is erroneously printed circuit" in the Revised Statutes, Ed. of 1878. Suits for pecu- Sec. 732. All pecuniary penalties and forfeitures niary penalties
be sued for and recovered either in the district tures, where to be brought. where they accrue or in the district where the offender is found.
Sec. 733. Taxes accruing under any law providing internal revSuits for inter- enue may be sued for and recovered either in the distaxes, where to
trict where the liability for such tax occurs or in the be brought. district where the delinquent resides.
United States v. New York & N. H. R. R. Co., 10 Benedict, 144.
470). But no person shall be arrested in one district for
trial in another in any civil action before a circuit or disone district for trial in another trict court; and no civil suit shall be brought before in civil actions.
either of said courts against any person by any original process or 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. Sec. 1014. For any crime or offense against the United States,
the offender may, by any justice or judge of the United against U. S. may be arrest- States, or by any commissioner of a circuit court to take ed and held by
bail, or by any chancellor, judge of a supreme or superior court, chief or first judge of common pleas, mayor of
Persons not to be arrested in
State officers for trial in U. 8. Courts,
a city, justice of the peace or other magistrate, of any State where he may be found, and agreeably to the usual mode of process against offenders in such State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. Copies of the process shall be returned as speedily as may be into the clerk's office of such court, together with the recognizances of the witnesses for their appearance to testify in the case. And where any offender or witness is committed in any district other than that where the offense is to be tried, it shall be the duty of the judge of the district where such offender or witness is imprisoned, seasonably to issue, and of the marshal to execute, a warrant for his removal to the district where the trial is to be had.
laws, etc. ; lim
LIMITATION OF ACTIONS. Sec. 1046. No person shall be prosecuted, tried, or punished for any crime arising under the revenue laws, or the slavetrade laws of the United States, unless the indictment the revenue is found or the information is instituted within five years itation as to next after the committing of such crime.
Sec. 1047. No suit or prosecution for any penalty or forfeiture, pecuniary or otherwise, accruing under the laws of the United States, shall be maintained, except in cases forfeitures unwhere it is otherwise specially provided, unless the same United States ; is commenced within five years from the time when the suits or prosepenalty or forfeiture accrued : Provided, That the person of the offender, or the property liable for such penalty or forfeiture, shall, within the same period, be found within the United States ; so that the proper process therefor may be instituted and served against such person or property.
Suits for pecuniary penalties and forfeitures under customs laws to be commenced within three years, except in case of absence, etc. Sec. 22, act June 22, 1874 (18 Stat. 186). An act to limit the time within which prosecutions may be instituted against per
sons charged with violating internal revenue laws. Act of July 5, 1884 (23 Stat. 122).
Sec. 1. That no person shall be prosecuted, tried, or punished for any of the various offenses arising under the internal
Limitation of revenue laws of the United States unless the indictment three years in is found or the information instituted within three years and two years
in others. next after the commission of the offense, in all cases
Cases of absence.
Act not retroactive.
where the penalty prescribed may be imprisonment in the penitentiary, and within two years in all other cases : Provided, That the time during which the person committing the
offense is absent from the district wherein the same is
committed shall not be taken as any part of the time limited by law for the commencement of such proceedings:
Provided further, That the provisions of this act
shall not apply to offenses committed prior to its passage : And provided further, That where a complaint shall be instituted
before a commissioner of the United States within the period above limited, the time shall be extended until
the discharge of the grand jury at its next session within the district : Not to apply to And provided further, That this act shall not apply offenses by officers. to offenses committed by officers of the United States.
States cannot pass statutes of limitation binding on the federal gove ernment. United States v. Thompson et al., 98 U. S. 486.
See act of August 8, 1888, for limitation of time within which suits must be brought against sureties on official bonds, limitation five years.
See Sec. 3227 for limitation on suits against collectors for recovery of taxes, limitation two years.
Cases before commissioners.
Sec. 919. All suits for the recovery of any duties, imposts, or
Suits for du.
taxes, or for the enforcement of any penalty or forfeiture ties, imposts, provided by any act respecting imports or tonnage, or ties, or forfei- the registering and recording or enrolling and licensing
of vessels, or the internal revenue, or direct taxes, and all suits arising under the postal laws, shall be brought in the name of the United States. SEC. 951. In suits brought by the United States against individ
uals, no claim for a credit shall be admitted, upon trial,
except such as appear to have been presented to the acdividuals,
counting officers of the treasury, for their examination, allowed. and to have been by them disallowed, in whole or in part, unless it is proved to the satisfaction of the court that the defendant is, at the time of the trial, in possession of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for such credit at the treasury by absence from the United States or by some unavoidable accident.
Suits of Uni. ted States against in
SEC. 957. When suit is brought by the United States against any revenue officer or other person accountable for pub- Suits of the lic money, who neglects or refuses to pay into the treas
against reveury the sum or balance reported to be due to the Uni, nue officers. ted States upon the adjustment of his account it shall be the duty of the court to grant judgment at the return term, upon motion, unless the defendant, in open court, (the United States attorney being present,) makes and subscribes an oath that he is equitably entitled to credits which had been, previous to the commencement of the suit, submitted to the accounting officers of the treasury, and rejected ; specifying in the affidavit each particular claim so rejected, and that he cannot then safely come to trial. If the court, when such oath is made, subscribed, and filed, is thereupon satisfied, a continuance until the next succeeding term may be granted. Such continuance may also be granted when the suit is brought upon a bond or other sealed instrument, and the defendant pleads non est factum, or makes a motion to the court, verifying such plea or motion by his oath, and the court thereupon requires the production of the original bond, contract, or other paper certified in the affidavit. And no continuance shall be granted except as herein provided.
Duties of dis
DUTIES OF DISTRICT ATTORNEYS. Sec. 771. It shall be the duty of every district attorney to prosecute, in his district, all delinquents for crimes and offenses cognizable under the authority of the United trict attorneys States, and all civil actions in which the United States are concerned, and, unless otherwise instructed by the Secretary of the Treasury, to appear in behalf of the defendants in all suits or proceedings pending in his district against collectors, To appear for or other officers of the revenue, for any act done by etc., sued' or them or for the recovery of any money exacted by or
prosecuted. paid to such officers, and by them paid into the treasury.
See especially Sec. 838 in regard to duties of district attorneys in revenue cases, ante, p. 99.
SEC. 774. When any suit or proceeding arising under the internal revenue laws, to which the United States are party, Reports of dis
trict attorneys or any suit or proceeding against a collector or other officer of the internal revenue, wherein a district attor- sioner of Inney appears, is commenced, the attorney for the district nue. in which it is brought shall immediately report to the Commissioner