The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1842-11-01
Approved. August %, 1912.
TPUBLIc-No. I'll

AN ACT to provide further remedial JUS
tice in the courts of the United States.
Be it enacted by the Senate and House of
Representatives of the United States of A.
merica in Congress assembled, That either
! ofthe supreme court of the United States, or
a Judge Of any district court of the United
States, in which a prisoner is confined, in
addition to the authority already conferred
by law, snail have power 10 grant writs OF
habeas corpus in all cases of any prisoner or
prisoners in Jail or confinement, where he,
she. orthey, being citizens of a foreign state,
and domiciled therein, shall be committed
or confined, or in custody, under or by any
authority or law. or process founded there
on, of the United states, or of any one of
them, for or on any account of any act done
or omitted under any alIedged right, title,
authority, privilege, protection, or exemp-
ton, set up or claimed under the commits
sion, or order, or sanction Of any foreign
state Or sovereignty, the validity and effect
whereof depend upon laws Of nations, or un-
der color thereof. And upon the return of
the said writ, and due proof of the service
Of notice of the said proceeding of the Attor-
ney General or other officer prosecuting
the pleas of the state, under whose authori-
ty the petitioner has been arrested, commit
ted, or held in custody, 10 be prescribed by
the said justice or Judge at the time ofgran-
ting said writ, the said justice or Judge shall
proceed 10 hear the said cause; and if, upon
hearing the same, it shall appear that the
prisoner or prisoners is or are entitled 10 be
Atcchornad from, croh cnpHpopnapt oorpnit
ment or arrest, for or by reason Of such al
lodged right, title authority, privileges, pro-
lection, or exemption, so set up and claim
cd, and the law of applicable thereto, and
that the same exists in fact, and has been
duly proved 10 said justice Or Judge, then it
shall be the duty of the said justice or Judge
forthwith TO discharge such prisoner or pris.
oners accordingly. And if it shall appear
10 said justice or judge that said Judgment
of discharge ought not to be rendered, then
the said prisoner or prisoners shall be forth.
with remanded: Provided always, That from
any decision of such justice or judge an ap-
peal may be taken 10 the circuit court of the
United states for the district in which the
said cause is heard; and from the judgment
of the said circuit court 10 the supreme
court of the United states, on such terms
and under such regulations and orders, as
well for the custody and appearance ofihe
prisoner or prisoners, as for sending up to
the appellate tribunal a transcript of the Pc
tition. writ of habeas corpus returned there
TO. and other proceedings, as the Judge hear
ing the said cause may prescribe; and pen.
ding such proceeding OF appeal, and until
final judgment be rendered therin, and after
final judgment OF discharge in the same,any
proceedings against said prisoner or prison
ers, in any state court, or BY or under the
authority of any state, for any matter of
thing so heard and determined.or in process
of being heard and dete rmined, under and
by virtue of such writ of habeas corpus, shall
be deemed null and void.
Approved, August %, 1912.