Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-07

required therein, II shall then be the duty o
the state couit to accept the surety and procee
no further In the cause or prosecution; and tn
bail that shall have been originally taken shal
be discharged. And such copies being filed a
aforesaid in such court of the United States
the cause shall proceed therein in the same man
ner as II 1t had been brought in said court b.
original process, whatever may be the amount il
dispute or the damages claimed, or whatever tht
citizenship of the parties, any former law to the
contrary notwithstanding. And any attach.
ment of the goods or estate of the defendant
by the original process shall hold the goods
or estate 30 attached to answer the final
Judgment in the same manner as by the laws
OF such State they would have been holden
TO answer final judgment had it been rendered
IN the court In which the suit or prosecution
vas commenced. And IL shall be lawful in any
such action or prosecution which may be now
pending or hereafter commenced, before any
state court whatever, for any cause aforesaid,
after final judgment, for either party TO remove
and transfer, by appeal, such case during the
session or term OF said court at which the
same shall have taken place, from such court
to the next Circuit Court OF the United States,
to be held in the district in which such appeal
shall be taken, In manner aforesaid. Add it
shall be the duty Of the person taking such
appeal to produce and file in said Circuit Court
attested copies Of the process, proceedings, and
Judgment in such cause; and it shall also be
competent for either party, within six months
after the rendition Of judgment In any such
cause, by writ Of error or other process, to re-
move the same to the Circuit Court of the
United States of that district 10 which such
Judgment shall have been rendered; and the
said Circuit Court shall thereupon proceed to
try and determine the facts and the law ia such
action, In the same manner aB IL the same had
been there originally commenced, the judgment
In such case notwithstanding And any bail
which may have been taken, or property at.
tached, shall be holden on the final Judgment
of the said Circuit Court in such action, In the
same manner as II no such removal and trans.
fer had been made, as aforesaid. And the
state Court from which any such action, civil
or criminal, may be removed and transferred
as aforesaid, upon the parties giving good and
sufficient security for the prosecution thereof,
snail allow the same to be removed and trans.
ferred, and proceed no further in the case
Provided, however, That IL the party aforesaid
shall fail duly TO enter the removal and trans
fer, as aforesaid, in the Circuit Court o! the
United States, sgreeably to this act, the
State Court, by which judgment shall have
been rendered, and from which the trans. |
for and removal shall have been made, |
la aforesaid, shall be authorized, on
motion for that purpose, to issue exc. |
cutiOn, land TO carry into effect any such iudg |
ment, the same as il no such removal and trans |
fer had been made; 4 nd provided also, That no
such appeal or writ of error shall be allowed In
any criminal action or prosecution where final
Judgment shall have been rendered in favor of
the defendant or respondent by the State
court. And if In any suit hereafter commenced
the plaintiff ia nonsuited or judgment passes
against him, the defendant shall recover double
costs.
SEC 6. Aud belt further enacted, That any
suit or prosecution described in this act, ia
which fnsl judgment may be rendered IN the
Circuit Court, may be carried by writ OF error
to the Supreme Court, whatever may be the
amount of said judgment.
SEC. 7. And be it further enacted, That no
suit or prosecution, civil or criminal, shall be
for any arrest or imprisonment
made, or other trespasses or wrongs done or
or act omitted to be done, at any
lime during the present rebellion by virtue or
under color Of any authority derived from or
exercised by or under the PresldenL of the Unit.
ed States, or by or under any act of Congress,
unless the same shall have been commenced
within two years next after such arrest, imprs-
Dnment, trespass, or wrong may have been done
Or committed, or act may have been omitted to
be done; Provided, That in no case shAll the
Limitation herein provided commence to run un.
ill the passage of this act, 90 that no party
shall, by virtue of this act, be debarred OF his
remedy by suit or prosecution until two years
from and after the passage of this act.