The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-11-13
CHAP. Xxx.

An Act to amend an Act entitle can Act relating
to Habeas Corpus, and regulating Judicial Pro-
ceedings in certain Cases." approved March
third eighteen hundred and sixty-three.
| Be it enacted by the Senate and House of Re-
representatives. of the United States of America in
| Congaess assembled, That any search seizure
arrest. or Imprisonment made, or any acts done
or omitted to be done during the said rebellion
by any officer or person, under and by virtue of
| any ORDER written or verbal, general special
| issued by the President Secretary of War, or
by any military officer of the United States hol-
| ding the command of the department. district, or
place within which such seizure, search, arrest,
| or imprisonment was made, done, committed,
| or any acts were so DONE or omitted to be done,
was addressed, or for whom it intended, or
by any other person aiding assisting him there
within the purview of the act to which this is
amendatory, and within the purview OF the fourth,
NTH and sixth sections of the said act of March
third, eighteen hundred and sixty three, for all
the purposes of defence, transfer appeal orror
or limitation provided therein. But no such or
der SHALL by force of this act, the act to which
this is an amendment, be defence to any suit or
action for any act done omitted to be done af-
ter the passage of this act.
Sec. 2. And be it further enacted That when
the said order is in writing it shall be sufficient
to produce in evidence the original with proof of
its authenticity, ora certified copy of the same;
or If sent by telegraph, the production of the
telegram purpotinS to emanate from such militia
ry officer shall be prima facie evidence of its au
thenticity; if the original of such order or
telegram Is lost or cannot be produced, secondary
evidence thereof shall be admissible, as in other
cases.
SEC. 3. And be it further enacted, That the
right of removal from the State court into the
circuit court of the United States provided in
the fifth section of the act to which this is amen
datory, may be exercised after the appearance of
the defendant and the filing of his plea or other
defence in said court at any term of said court
subsequent to the term when the appearance is
entered, and before jury is empannelled to try
the same; but nothing herein contained shall be
held to abridge the right of such removal after
final Judgment in the State court, nor shall it be
necessary in the State court to offer give surity
Tor the filing of copies in the circuit court of the
United States; but, the filing of the petition
verified as provided in said fifth section the fur
ther proceedings in the State court shall cease
and not be resumed until certificate under the
seal of the Circuit court of the United States sta
ting that the petitioner has failed to file copies in
the said circuit court, at the next tenn, is pro-
duced.
SEC. f. And be it further enacted, That if the
State court shall, notwithstanding the perfor-
nance of all things required for the removal of
the case to the circuit court aforesaid proceed
further IN said cause or prosecution before said
further proceedings shall be void and of none eff.
feet; ant. all parties, judges, officers and other
persons, thenceforth proceeding Hereunder, or
nv color thereof, shall be liable in damages there
Tor to the party aggrieved, to be recovered by ac
ton in court OF he State having proper jurisdic
the district III which such further proceedings
may have been had, or where the party officer, or
other person, so offending, shall be found; and
upon a recovery OF damages in either court the
party plaintiff shall be entitled to double costs.
SEC. 5. And be it further enacted, That it shall
be the duty of the clerk of the State court to
furnish copies of the papers and files in the case
to the party so petitioning for the removal; and
upon the refusal or neglect of the clerk to furnish
such copies, the said party may docket the case
IN the circuit court of the United States; and
thereupon said circuit court shall have iurisdic-
ton therein, and may, upon proof of such refusal
or neglect of the clerk of the State court and up.
on reasonable notice being given to the nIanfiff
require him to file declaration or petition there,
in and upon his default may order a nonsuit,
and dismiss the case at the costs of the plaintiff,
which dismissal shall be bar to any further suit
touchn the matter in controversy.
Approved, May II, 1866.