The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-03-31
NASHVILLE TENNESSEE, TUESDAY, MARCH 81 1863


and such defence nay be made by special
plea, or under the genoral issue.
Sec. 5. And b Il 6HthSr enacted, That
if any suit or prosecution, civil or Grim
inal, has bsen or shall be commenced in
any State court against any officer, civil
Or military, or against any other person,
Tor any arrest or imprisonment made, or
other trespasses or wrongs done or COM
mittsd, or any act Omitted to be done, at
any time during the present rebellion, by
virtue or under color Of any authority
derived from or exercised by or under
the President Of the United States, or any
act Of Congress, and the defendant shall,
at the time OF entering his appearance in
sueh court or il such appearances shall
have been entered before the passage Of
TINS act, then at the next s0ssieA Of the
| court m which SUCK suit or prosecution
IS pending, hls q petition, stating the
facts snd verified by affidavit for the re-
moVal OF the cause fer trial ~ the nsxt
circuit court Of the URitsd States, TO be
holden in the district whore the suit 10
peading, and altar Ks0d and sufficient
surety for his sliag ia such osurt. en- the
hrst day Of its sAssien, copies of suck
process and other proceedings against
him, aHd alss for his appearing in such
court and entering special bail In the
cause, il special bail was originally re-
quired therein. 1t shall then be the duty
Of the State Osurt TO accept the surety
and proceed no further in the cause or
prosecution, and the bail that shall have
been originally taken shall be discharged.
Aud such copies being flad as aforesaid
in such court Of the United States, the
cause shall proceed therein in the same
manner as IL it had been brought in said
court by original process, whatever may
be the amount in dispute or the damages
claimed, or whatever the citizenship OF
the parties, any former law TO the csn-
trary notwithstanding. Aud any attach
msnt Of the goods or estate Of the defend
ant by the original process shall hold
the goods or estate so 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 judy
ment hae ii been rendered in the court
in which the suit or prosecution was COM
menced. And il shall DO lawful in any
such action or prosecution which may be
now pending, or hereafter commenced,
|
cause aforesaid, after final judgment, for
either party TO rsmsvs 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 10 the
next circuit court OF the United States 10
be held in the district in wkieh such APP
peal shall be taken, in manner aforesaid.
And it shall be the duty Of the person
taking such appeal TO pref uoe and flls in
the said circuit court attSsted copies Of
the process, proceedings, aud Judgment
| in such cause; and il shall alec be coma
petent for either party, within six months
after the rendition of a judgment in any
such cause, by writ Of error or other pre-
cess, 70 remove the same to the circuit
court Of the United States Of that district
in which such judgnsnt shall have been
rendered; and tho said circait court shall
thereupon proceed 10 try aud determine
the facts and the law in such action, Ia
The same manner as if the same had been
there originally commenced, the judg-
meDt in such case Notwithstanding. And
any bail which may have been taken, or
property attached, shall be holden ON the
flna! judgment Of the said circuit court
|
no such removal and transfer bad been
made, as aforesaid. And the State court,
from which any such action, civil or
criminal, may be removed and transfer
red as aforesaid, upon the parties giving
good and sufficient security for the pro-
aecution thereof, shall allow the same 10
be renewed and transferred, and proceed
no further ia the case; Provided hOlOessr,
! That ii the party Aforesaid ahall fail duly
to enter the removal aud tranAfsr, as
aforesaid, in the circuit court of the Uni
ted States, agrseably TO this Aot, the State
court, by whish judgment shall have
been rendered, and from which the trans
fer aud removal shall have been made, As
aforesaid, shall be authorized, on motion
for that purpose, TO issue execution, and
TO carry iRto effect auy such judgment,
the same az il nc such renewal and traRa-
for had been made. Ind provided, also,
That no such appeal or writ oferror shall
be allowed in any criminal action or pro-
secution where final judgment shall have
been rendered il favsr Of the defendant
or respondent by the State court And
ii in any suit hereafter commenced the
plaintiff IL nonsuiied or judgmsst pass
against him, ths defendant shall recover
double costs.
Sec. 6. Ind u 10 IurItsr enacted, That
any suit or prosecution described In thiA
act, ia which final judgment may be rem
dered in the circuit court, mHy be carried
by writ OF error TO the Supreme Court,
whatever may be the amount OF said
judgment.
Sec. Z. And DO u further enacted, That
no suit or prosecution, civil Or criminal,
shall be maintained for any arrest or ina
priSOnmsnt nAds, or ether trsspAssss or
wrongs done or committed, or act omitted
70 10 done, At any tine duriRg the pres.
snt rebellion, BY virtue or under color Of
any authority derived frsa or exercised
by or under this President Of the United
States, or by or under any act Of Con-
Eress, unless the same shall have been
commenced within two years next after
such arrest, Imprisonment, trsspass, or
wrong may have bees done or committed
or act may have been omitted 20 DO dsne:
Pr0gidsi That ia no case shall the limi-
tation herein provided eommsnee 10 ruR
until the passage Of this act, 30 that the
party shall, BY virtue Of this act, be De-
barred of his remedy by suit or prose.
| culion until two years from and after The
I passage Of this HoL
Approved, March 8, 1858.