The national Republican., 1866-05-15
n lorTIcrAL-I i,
LAWS OF THE UNITED STATES,
Passed 81 shs s,r.t ss..,e. sfs IN. THIRTY
lorTIcrAL.J /


Passed ss shs s,rst sss.,e. fths rh,rty-
Ninth Congress.
.A IPusEIo-No. All
An AoT 10 amend an act entitled "An act
relating TO habeas corpus, and regulating
judicial proceedings in certain cases. ap-
proved March third, eighteen hundred and
sixty-three l.rE.. ..-.si' 7.
Ben enacted BY The Senate and House Of
Representatives Of The United States of Amer.
sea IN Congress 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 or special, issued by the President
or Secretary Of War, or,by any military Off
Ger Of the United States holding the com
mand OF the department, district, or place
within which such seizure, search, arrest, or
Imprisonment was made done, or committed,
or any acts were so done, or omitted to be
done, either by the person or officer to whom
the order was addressed, or for whom il was
intended, or by any other person aiding or
assisting him therein, shall be held, and are
hereby declared, 10 come within the purview
OF the act to which this is amendatory, and
within the purview Of the fourth ffth, and
sixth sections Of the said act Of March third,
eighteen hundred and sixty-three, for all the
RoPooto VI utltHCtt uulhitT, upDtbl eTNOT,
or limitation provided therein. But no such
order shall, by force Of this act, or the act to
which this is an amendment, be defence TO
any suit or action for any act done or omitted
to be done after the passage Of this act.
SEC. 2, And be H further enacted, That
when the said order is in writing, il shall be
sufficient TO produce in evidence the original,
with proof OF its authenticity, or certified
copy OF the same; or II sent by telegraph, the
production Of the telegram purporting to
emsnate from such military officer shall be
prima facie evidence Of its authenticity; or il
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 IL 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 amendatory, may be exercised
after the appearance Of the defendant and the
fling OF his plea or other defence in said
court, or at any term Of said court subses
quent to the term when the appearance is
entered, and before jury is impanelled to
try the samej but nothing herein contained
shall be held to abridge the right Of such re-
moval after final judgment in the State court,
nor shall 1t be necessary in the State court
TO offer or give surety for the filing of copies
III thc tituib VI Oulltu DIutcS, DuI,
1.-THE filing Of the petition, verified as pro-
vided in said fifth section, the further pro-
ceedings in the State court shall cease. and
not be resumed until u certificate under the
seal OF the circuit court Of the United States,
stating that the petitioner has failed 10 file
copies in the said circuit court at the next
term, is prodnced.
Sec. A ARd be IL further enacted That
if' the State court shall, notwithstanding the
performance Of all things required for the re-
moval Of the case TO the circuit court afore-
said, proceed further in said cause or prose-
cution before said certificate is produced,
then, in that case, all such further pro-
ceedings shall be void and Of none effect; and
all parties, judges, officers, and other persons,
-thenceforth proceeding Hereunder, or by
color thereof, shall be liable in damages
therefor to the party aggrieved, to be recov-
cred by action in court OF the State having
proper jurisdiction, or in circuit court of
the United States for the district in which
such further proceedings may have been had,
or where the party officer, or other person,
so offending, shall be found; and upon re-
covery Of damages in either court, the party
plaintiff shall be entitled to double costs.
SEQ. 8. And be n further enacted, That
1t 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 .he 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 jurisdiction
therein, and may, upon proof of such refusal
or neglect Of the clerk Of the State court, and
upon reasonable notice being given to the
plaintiff, require him TO file declaration or
petition therein; and upon his default may
order non-suit, and dismiss the case at the
costs Of the plaintiff, which dismissal shall be
a bar to any further suit touching the matter
in controversy
Approved, May IL, 1866