TWENTY-SECOND CONGRESS. Sess. II. Ch, 57. 1833.

633

the collection of duties on imports, he shall be entitled to maintain suitfor damage therefor in the circuit court of the United States in the districtwherein the party doing the injury may reside, or shall be found. Andall property taken or detained by any officer or other person under au-thority of any revenue law of the United Stales, shall be irrepleviable,and shall be deemed to be in the custody of the law, and subject only tothe orders and decrees of the courts of the United States having jurisdictionthereof. And if any person shall dispossess or rescue, or attempt to dis-possess or rescue, any property so taken or detained as aforesaid, or shallaid' or assist therein, such person shall be deemed guilty of a misdemean-our, and shall be liable to such punishment as is provided by the twenty-second section of the act for the punishment of certain crimes againstthe United States , approved the thirtieth day of April, Anno Domini onethousand seven hundred and ninety, for the wilful obstruction or resist-ance of officers in the service of process.

Sec. 3. And he it further enacted*, That in any case where suit or pro-secution shall be commenced in a court of any state, against any officerof the United States , or other person, for or on account of any act doneunder the revenue laws of the United States , or under colour thereof, orfor or on account of any right, authority, or title, set up or claimed bysuch officer, or other person under any such law of the United States , itshall be lawful for the defendant in such suit or prosecution, at any timebefore trial, upon a petition to the circuit court of the United States , inand for the district in which the defendant shall have been served withprocess, setting forth the nature of said suit or prosecution, and verifyingthe said petition by affidavit, together with a certificate signed by anattorney or counsellor at law of some court of record of the state inwhich such suit shall have been commenced, or of the United States ,setting forth that, as counsel for the petitioner, he has examined the pro-ceedings against him, and has carefully inquired into all the matters setforth in the petition, and that he believes the same to be true; whichpetition, affidavit and certificate, shall be presented to the said circuitcourt, if in session, and if not, to the clerk thereof, at his office, andshall be filed in said office, and the cause shall thereupon be entered onthe docket of said court, and shall be thereafter proceeded in as a causeoriginally commenced in that court; and it shall be the duty of the clerkof said court, if the suit were commenced in the court below by sum-mons, to issue a writ of certiorari to the state court, requiring said courtto send to the said circuit court the record and proceedings in said cause;or if it were commenced by capias, he shall issue a writ of habeas corpuscum causa, a duplicate of which said writ shall be delivered to the clerkof the state court, or left at his office by the marshal of the district, orhis deputy, or some person duly authorized thereto; and, thereupon itshall be the duty of the said state court to stay all further proceedings insuch cause, and the said suit or prosecution, upon delivery of such process,or leaving the same as aforesaid, shall be deemed and taken to be moved tothe said circuit court, and any further proceedings, trial or j udgment thereinin the state court shall be wholly null and void. And if the defendant in anysuch suit be in actual custody on mesne process therein, it shall be the dutyof the marshal, by virtue of the writ of habeas corpus cum causa, to takethe body of the defendant into his custody, to be dealt with in the saidcause according to the rules of law and the order of the circuit court,or of any judge thereof, in vacation. And all attachments made and allbail and other security given upon such suit, or prosecution, shall be andcontinue in like force and effect, as if the same suit or prosecution hadproceeded to final judgment and execution in the state court. And if,upon the removal of any such suit, or prosecution, it shall be made toappear to the said circuit court that no copy of the record and proceed-ings therein, in the state court, can be obtained, it shall be lawful forYon, IV.—80

Property incustody irreple-viable, &c.

Actions instatecourts againstre-venue officers tobe removed, onpetition, &c. ofdefendant, tocircuit court.

Stay of pro-ceedings in thestate court.

Marshal to takedefendant intocustody.

State processof attachment,&c., to continuein force.

De novo pro-ceeding.