2 FEDERAL Rnromniz.
conditioned that he would enter in the circuit court of the United
. States for the district of New Jersey, on the hrst day of its next ses-
sion, a copy of the record in said suit, and would pay all costs that
might be awarded by the court, if it should hold that the suit was
wrongfully or improperly removed. The petition and bond were ac-
cepted by the state court, and an order for the removal allowed in
open court on the same day'. ‘ The next term of this court, after the
petition for removal was filed, opened on the fourth Tuesday of
March, 1883. So far as it appears, no steps were taken by the at-
torney of the removing partyto have the copyiof the record filed at
that term. He now applies at the September term of the court for
leave to {ile the same, claiming that he had not been guilty of laches
in the case, inasmuch as he had given verbal directions to the clerk
of the state court to make out, certify, and send to this court a copy
of the record of the proceedings before the March term of the court,
and he supposed that his request had been complied with.
I am satisiied that there is no power in this court to grant the
application. Controversies pending in the courts of the state can
only be transferred into the federal courts by authority of the laws of
E congress; and when parties seek to avail themselves of the provisions
of such acts they must `comply with all the terms and conditions im-
posed in them. The third section of the act of 1875 is explicit that,
before a removal of the suit can be had, the party or person desiring
it shall ile a petition for the removal, and a bond, with good and
suflicient security, for his or her entering in the circuit court ofthe
United States on the first day of its then next session, a copy of the
record in such suit, and for paying all costs that may be awarded by
the circuit court, if said court shall hold that the suit was wrongfully
and improperly removed thereto. The section then proceeds to
exact, that "the said copy being entered as aforesaid, in the said
. circuit court of the United States, the cause shall then proceed in the
same manner as if it had been originally commenced in the said
circuit court." That these provisions are mandatory, and not merely
directory, is manifest, not only from the uniform construction which
the words "as aforesaid" have received from the courts since they
first appeared in the twelfth section of the judiciary act down to the
present date, (see McLean v. Ry. Cc. 16 Blatchf. 317,) but also from
the seventh section of the act of 1875, in which congress makes what
it deems proper exceptions to a strict compliance with the provisions
of the hfth section. If 20 days do not elapse between the date of
filing the petition for removal and the hrst day of the next session of
the circuiticourt, the petitioner shall be allowed full 20 days for filing
the record. _ If the clerk of the state court interposes any hindrance
to his promptly obtaining a copy ofthe record, not only may a writ
of certiorari issue from the circuit court to the state court, but the
circuit court is authorized to make an order extending the time within
which the copy of the record shall be filed. Such extension is only