Santa Fe gazette. [volume] (Santa Fe, N.M.) 1859-1864, 1863-09-05

the President Of the United States. or any act Of
Congress and the defendant shall, at the time Of
entering his appearance in such court, or if such
appearance shall have been entered before the
passage Of this act thea at the next session of the
court in which such suit or prosecution spending,
tle petition, otating the facts and verified by AID
dayt, for the removal of the cause for tral at the
next circuit court of the United States, to be ho
den in the district where the suit is pending aud
offer good and sufficient surety for his filing in
such court on the fist day Of its session copies Of
such process and other proceedings against him,
and also for bis appearing In such court and
entering special bail in the cause, If special bail
was originally required therein. II shall then be
the duty Of the state court to accept the surety
and proceed no lurtherin tho cause or prosecution
and the bail that shall have been originally taken
shall be discharged, Aud such copies being fled
as aforesaid 10 such court Of the United Sples,
tho cause shall proceed min the sane .ian.
ner as u it had been brought in said court by ori-
glnal process Whatever may be theamolnt in DIS
pute or the damages claimed, or whatever the
citizenship Of the parties, any former law to .be
contrary notwithstanding And any attachment
0E The goods or estate Of the defendant by the or
giaal process shall hold the goods or estate SO
attached to answer the final Judgment In the slme
manner as by the laws of such state they would
have been holden to answer final Judgment had it
been rendered in the court 10 which the suit or
prosecution was commenced. Aud it shall be
lawful in any such action or prosecution which
mny be now pending or hereafter commenced,
before any stale court whatever, for any cause
aforesaid after final Judgment for either party to
remove and transfer, By appeal, such cause during
The session or term Of said court ut which the
same shall have taken 1iato, from such court 10
the next circuit court u the United States 10 10
he'll ia The district in which such appeal shall he
taken in manner Aforesaid And il shall be the
duty the person taking such appeal TO produce
and ile 10 the said circuit court altestol copies Of
The process proceed" =, and judgment IN such
cdlae; and 1t shall a - be competent for either
party, within six months after the reditOn Of d
Judgment in any such cause, by writ Of error OF
other process, to remove the samo 10 the circuit
court Of the United States Of that district ia
which such judgment shall have been rendered
and the said circuit court shall thereupon proceed
to try and determine The Ncts and tho law in such
action, in the same manner as il tho same had
been there originally commenced, the judgment
in such case notwithstanding And any bal
which may have been taken, or property attached
shall bl holden on the final judgmest Of the sai.
circuit court in such action, IN tho same nance
rs if no such removal and transfer had been made
US aforesaid. And the state court, from whiel
any such action civil or criminal, may be removed
and transferred as aforesaid, upon tho partie.
giving good and sufficient security for the prose
cution thereof shall allow the same to be remove,
aud Transferred and proceed no further IN th
case: Provided however That il the party aIore
said shall full duly TO enter tho removal and trans
for, as Aforesaid in be circuit court Of the Unitel
States agreeably to this act, the state court, b,
which judgment shall have been rendered, ant
from which the transfer and removal shall hay'
been made as aforesaid, shall be authorized, OF
motion for that purpose to issue execution, and Il
carry into effect any such Judgment, the same at
If no such removal and transfer had been made
And provided also, That no such appeal or wrl
Of error shall be allowed in ny criminal action o
prosecution where final Judgment shall have bee
rendered in favor Of the defendant or responder
by the state court. And ifln any suit herealte
commenced the plaintiff is nonsuIted or judgmen
pass against him, the defendant shall recover dou
ble costs,
Sec 6. And be it further enacted, That AM
suit or prosecution described 10 this act, in whic
dnal juj gment may be rendered in the clrcul
court may bo carried by writ of error to the su
premc court, whatever may be The amount Of sat
Judgment.
Sec, 7. And be it further enacted, That NJ
suit or prosecution, civil or criminal, shall b
maintained for any arrest or imprisonment mad.
or other trespasses or wrongs done or committed
or act omitted to be done, at any time during tn
present rebellion, by virtue or under color OF an
authority derived from or exercised by or uode
the President of the United States or by or undc
any act of Congress, unless the same shall hao
been commenced within two years next atersu
arrest, Imprisonment trespass, or wrong may haN
been done or committed or act may have beel
omitted to be done: Provided, That in no cas-
shall the limitation herein provided commence t
run until the passage Of this act so that no part
shall by virtue of this act, be debaued Of his re
meiy by suit or prosecution until two years from
and after the passage Of this act,
Approved, March 3, 1863