The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1866-05-16
FRoM wAsHIHorox.
Bill to Regulate Judicial Preceding
IN Certain Cases.
WASHINGTON, May 10.

WASHINGTON, May 10.
The following is the bill to amend an act
relating to judicial proceedings in certain
cases, and approved March 1863
1t provides that any search, secure, arrest,
or Imprisonment made or omitted to be done
during the rebellion by an officer or person,
under and by virtue of any order. writer. or
verbal, general or special, issued by the Pres
ident Of the United States or the Secretary
of War, or by any military power of the
United States holding command of depart
ment. district or place, wherein such seizure,
or arrest, or Imprisonment was made, done,
Or omitted to be DONE either by the person or
officer to whom the order was addressed, or
for whom it was intended, or by any other
person aiding him or assisting him therein.
shall be held and are hereby declared to come
within the purview Of the fourth and fifth
sections Of said act Of March Sd, 1868, for
all purposes of defence, transfer, appeal or
Limitation provided thereon but no such or
der shall by force Of this act, or the act to
which this is an amendment, be q defence to
any suit or action, for any act done, or omit
ted to be done, after the passage of this act
where the said order is in writing. 1t shall
be sufficient to produce in evidence the orig
nal with proof of its authenticity, or GER
tihced copy Of the same, or if sent by tele-
graph the production of the telegram pur-
porting to emanate from such military officers,
shall be prima facid evidence of its anthem
ITCHY or if the original Of such an order or
telegram is lost or cannot be produced second
in other cases. The right of removal from
State court into circuit court of the United
States may be exercised after the appearance
Of the defendant and the fling of his plea,
or any other defence in said court, a,
any term of said court subsequen,
to the term when the appearance is entered
and before jury is empanelled to try thu
! same, but nothing herein contained shall bt
held to abridge the right of such removal af
ter judgment in State court. nor shall 1t b.
necessary in State court to offer OF giv'
surety for the filing of copies in the Unitet
| States Circuit Court but on filing of petition
verified as provided in said 5th section, tn
| further proceedings in State Court shall ceas
and not be resumed until certificate unde
the seal of said Circuit Court of United States
stating that petitioner has failed to file copie
/ in said Circuit Court at the next term is pro
duced; if the State court shall, notwithstand
i ing the performance of all things required 70
the removal to the Circuit Court proceed fur
i ther in said cause or prosecution, before sal
certificate is produced in that case, all sue
further proceedings shall be void and of n
effect and all parties, judges, officers on
other persons thenceforth proceeding there
under, or by color thereof, shall be liable j
damages therefor to the party agrieved, 10 b
recovered by an action in q court Of Stat
having jurisdiction, or in Circuit Court {
the United States for the district in whic
such further proceedings may have bee
he'd, or where the party, officer Z
!, other person SO offending shall be foune
and upon . recurrency of the damages
either court the party who is plaintiff snail b
entitled to double costs. 1t is made the dut
] of the clerk of State courts to furnish copit
. of papers and files in cases to the party s
petitioning for the removal, and upon the r,
fusal or neglect Of the clerk to furnish sue
copies, the said party may docket the case
the Circuit court Of the United States, "a
, thereupon the said circuit court shall have j,
J fisdiotion therein, and may upon proof
such refusal or neglect Of the clerk of Sta
! courts, aud upon reasonable notice beir
given to plaintiff require him to file decla
, alton or petition therein, and upon his defau
8 may order new suit and dismiss the case
T tha costs Of the plaintiff, which dismiss
! shall be a bar to any further suit touching u
!. matter in controversy.
The Senate has confirmed the noninati,
9 Of W. Calvin Brovn, Of New York as q.
i Consul At Augustburg, and Frank Swan,
e Ohio, as Consul at Naples.
i The bill heretofore introduced By Senat
Il Sherman 10 reduce the rate of interest on
Dfl Naaional debt and for funding the Same y
. reported back from the committee On Nnaz
pf to-day, With an apnendment, ptovidl1g Z