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State of Alabama. Petitioner further avers that the matter of a change of venue in said case is one of discretion on the part of the Judge of said City Court, and not one of right belonging to said petitioner, and, even if said discretion should be exercised in favor of the removal of said cause to some other county, yet petitioner is informed and believes, and upon said information and belief states, that the wide publicity and notoriety given to this cause and the issues involved therein would operate in any county or court of the State of Alabama to prejudice the right of this petitioner. And petitioner further avers that the said petitioner is now the surety on bonds of many State and county officers throughout the whole State of Alabama, and that the decision in the present case will be regarded as probably constituting a precedent in any future case or cases which may be brought against your petitioner on said bonds, by reason of which there will necessarily exist a local prejudice against your petitioner in this case in any county of the State of Alabama in which said case should be tried. Petitioner further avers that the said banking house of Josiah Morris & Co. at the time of its failure was largely indebted, viz., about nine hundred thousand dollars, and this indebtedness was due, and much the larger part of it is still due, to various persons residing in different parts of the State of Alabama, including the City Council of Montgomery; that the said Josiah Morris & Co. secured an agreement with its respective creditors for an extension of time within which to pay the amount due to them, respectively, and the said Josiah Morris & Co. has failed to make the second of the payments thus agreed on, and there seems to be no present prospect of any further payments by the said Josiah Morris & Co. to its creditors, by reason of which, as petitioner is informed and believes, and on such information and belief states, that the suit brought against petitioner has been in some way identified or intermingled with the affairs of said Josiah Morris & Co. in the minds of the people, and in the supposed identity of the interests of the said Josiah Morris & Co. and petitioner in the matters referred to there will exist in any court of the said State of Alabama in which said case could be tried a local prejudice against your petitioner. Wherefore your petitioner prays that an order or decree may be made and entered directing and commanding that the trial of said cause be removed from said City Court of Montgomery into this Honorable Court, and petitioner will ever pray, etc.

"WATTS, TROY & CAFFEY, Attorneys for Petitioner.'

Attached to this petition was an affidavit, which, omitting caption, etc., reads as follows:

"Before me, Thomas G. Jones, Judge of said Court, personally appeared Thomas A. Whelan, who is known to me, and who, being duly sworn, on oath deposes and says that he is the vice-president of the Fidelity & Deposit Company of Maryland, the above-named petitioner, in the aboveentitled cause, which is now pending in the City Court of the County of Montgomery and State of Alabama, and authorized to make this affidavit and act in this matter for petitioner, and that from prejudice and local

influence the said petitioner will not be able to obtain justice in said State court, or in any other State court to which it may, under the laws of said State, have the right, on account of said prejudice and local influence, to remove said cause; and, further, that all the matters and facts stated in the above petition to be true, are true; and that all matters stated on information and belief are true to the best of his knowledge, information, and belief. "THOMAS A. WHELAN.

"Subscribed and sworn to before me on this the 15th day of February, "THOMAS G. JONES, Judge."

1902.

REMOVAL FORM VIII.-PETITION FOR REMOVAL OF CRIMINAL
CASE FROM STATE COURT UNDER SECTION 643, UNITED
STATES REVISED STATUTES, JUDICIAL CODE, § 33.
[From Roe's Criminal Procedure in United States Courts.]

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defendant in the above-entitled cause, respectfully represents: That on the day of A. D. 19, at the

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your petitioner was indicted for wilfully, premeditatedly and of malice aforethought killing one which indictment and criminal prosecution so instituted is still pending in said court against your petitioner. Your petitioner further represents that no murder was committed by the killing aforesaid, but in fact the killing was committed in the necessary self-defense of the defendant, your petitioner, and to save his own life: that at the time the alleged offense was committed your petitioner was an officer of the United States, to wit, a deputy collector of internal revenue, and the act for which he was indicted was done in his own necessary self-defense, while engaged in the discharge of the duties of his office as said deputy collector of internal revenue; that he was at the time acting by and under the authority of the internal revenue laws of the United States, and under and by right of his office as deputy collector of internal revenue of the United States, that it became, and was, then and there his duty, under said internal revenue laws, to seize illicit distilleries and the apparatus that was used for the illicit and unlawful distillation of spirits, and while so attempting to enforce said revenue laws as deputy collector aforesaid, he was assaulted and resisted, and fired upon by a number of armed men, and in defense of his life returned fire, which is the act for which he was indicted.

Your petitioner therefore prays that said cause may be removed from the -court of county, in the state of to the district court

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-, being duly sworn, on oath say that I am the petitioner in the foregoing petition, that I have read the same, and that the matters and things therein contained are true of my own knowledge.

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the same being a court of record, do hereby certify that as counsel for the petitioner in the foregoing petition named, I have examined the proceedings against him mentioned therein, and carefully inquired into the matters therein set forth, and that I believe them to be true.

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Attorney for Petitioner. [NOTE. If petitioner is in custody under process of state court the petition should so state and ask for a writ of habeas corpus.]

REMOVAL FORM X.-PETITION BY AN OFFICER, CIVIL OR CRIMI. NAL, OR A SOLDIER OF THE UNITED STATES, FOR REMOVAL OF A CIVIL CASE FROM A STATE COURT.

DISTRICT COURT OF THE UNITED STATES,

for the SOUTHERN DISTRICT OF NEW YORK.

JOHN ABER
against

WILLIAM H. EDWARDS.

To the Honorable the District Court of the United States for the Southern District of New York.

I. Your petitioner, William H. Edwards respectfully shows: Heretofore to wit on or about the second day of January, 1921, the above named John Aber by the service of a summons and complaint upon your petitioner

in the County of New York in said District began a civil action against him in the Supreme Court of the State of New York for the County of New York, a Court of Records in the State of New York. The said case is numbered in the office of the Clerk of the County of New

York, and is on the trial calendar of said court numbered Said action has not yet been tried and said cause is still pending in said State Court. The ground of action and the prayer of said complaint are in substance as follows: [Set forth in substance the allegations of complaint and the prayer for relief.]

II. At the time said action was begun and at the time the said acts charged in said petition are alleged to have been committed your petitioner was and he still is an officer [or soldier] of the United States, namely Collector of Internal Revenue for the District of the State of New York, as is stated and is set forth in said complaint, [or describe other office of soldiership held by petitioner] and all his acts in connection with the matters charged in said complaint were committed by him under color of his said office. Wherefore your petitioner prays that cause may be removed from the Supreme Court of the State of New York in and for and the County of New York to the District Court of the United States for the Southern District of New York and that certiorari may issue therefor. WILLIAM H. EDWARDS, Petitioner. BROWN & JONES,

Attorneys for petitioner,

20 Nassau Street, New York.

UNITED STATES OF AMERICA,
Southern District of New York,
State of New York
County of New York.

SS.

William H. Edwards, being duly sworn deposes and says, I am the petitioner in the foregoing petition. The same is true to my own knowledge. Sworn to before me this 5th day of April, 1921.

WILLIAM GREEN,

Notary Public, New York County.

I, Philo Brown being an attorney at law of the Supreme Court of the State of New York the same being a Court of Record, do hereby certify that as counsel for the petitioner in the foregoing petition made I have examined the proceedings against him mentioned therein and carefully inquired into the matters therein set forth and that I believe them to be true.

PHILO BROWN, Attorney for petitioner.

REMOVAL FORM XI.-BOND ON REMOVAL.

[198 U. S. 95.]

Supreme Court of the State of New York, County of Jefferson.

HIRAM REMINGTON, Plaintiff,

AGAINST

CENTRAL PACIFIC RAILROAD COMPANY,

Defendant.

Know all men by these presents: That the Fidelity and Deposit Company of Maryland, a corporation duly authorized and existing under the laws of the State of Maryland, having an office at No. 35 Wall street, New York City, and having authority to transact business, pursuant to the act of Congress, August 13th, 1894, entitled, "An act relative to the cognizances, stipulations, bonds and undertakings, and to allow certain corporations to be accepted as surety therein,'' is held and firmly bound unto Hiram Remington, in the sum of five hundred dollars ($500.00), for the payment of which well and truly to be made unto the said Hiram Remington, his heirs, executors, administrators and assigns, the said Fidelity and Deposit Company of Maryland binds itself, its successors and assigns, jointly and firmly by these presents; upon condition nevertheless, that

Whereas, the above named Hiram Remington has heretofore brought a suit of a civil nature in the supreme court of the State of New York, in and for the county of Jefferson, against the said Central Pacific Railroad Company, and

Whereas, the said Central Pacific Railroad Company simultaneously with the filing of this bond intends to file its petition in said suit in such State court for the removal of such suit into the [District] Court of the United States in the district where such suit is pending, to-wit: the [District] Court of the United States in and for the northern district of New York, according to the provisions of the act of Congress in such case made and provided.

Now, therefore, the condition of this obligation is such that if the said petitioner, The Central Pacific Railroad Company, shall enter in the [District] Court of the United States for the northern district of New York thirty days from the date of filing said petition a certified copy of the record in such suit and shall well and truly pay all costs that may be awarded by the said [District] Court if said court shall hold that such suit was wrongfully or improperly removed thereto and shall also appear and enter special bail in such suit if special bail was originally requisite therein, then the above obligation shall be void but shall otherwise remain in full force and virtue.

In witness whereof, the said Fidelity and Deposit Company of Maryland has caused these presents to be signed by its vice-president and attested by

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