Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-05-24
NUMBER 253.
DECISIONS OF THE HIGH COURT
OF ERR0Rs AND APPRAEa
AT THE APRIL TERN, 1866
lPUBLic-No. All

An act 10 smend an act sutitIaa "a, -.
Iaung TO habeas corpus, and regulatinw
] judicial proceedings in certain cases - a =
! proved March third, eighteen HUNDRED sBS
I slxry-three
Be iteaactet By the Senate aad Roas, Of Rem.
reseHfdtires or the URited States Of .4pasrioo Z
Congress assezRbled That anv search seiT.,-a
arrest, or Imprisonment made, or anv art.
done or omitted TO Be done during the sai6
/ rebellion, by any officer or person pnda~
and by virtue of any order, written or yerbaI
I general or special, issued By the President
/ or Secretrry OF War, or by any military OH
/ Ger of the United States holding the cor,
mand of the department. district. or pI.cs
within which such seizure, search. or srrast
I or imprisonment was made, done or cnm.
/ mitted, or any acts were so done. or omitted
/ to be done, either by the person or officer 10
Whom the order was addressed or for whom
/ II was intended, or by any other person AID
ing or assisting him therein. shall he haiS
and are hereby declared, to come within ths
Pufylew OF the act TO which this is amenda-
tory, and within the purview OF the fonrth
NTH and sixth sections of the said act ~
March third; eighteen hundred and sixtv-
three Tor aIl the purposes of defense trans
~ appeal error or limitation provided
therein. But no such order shall bv force
% EAIs act, OF the act TO which this is an
amendment be a defence to any suit or &C
ton Tor any act done or omitted TO be done
after the passage Of tins act
,.su the said order is In writing, il shsn lhs1ni
sutEislsnt 70 produce in evidence the
% k2sll with proof of its authenticity. or
q certified copy of the same; or if sent by
telegraph the production Of the Telegram
pufportug to emanate from such military
officer shaN 3e pr1na taCIe evidence of its
autlR ntlefty, oru the Urigln of such or.
der or telegram is lost or cannot be pro-
duced, secondary evidence thereof shalt be
admissible, as in other cases
SIC J AHd be il farther enacted That the
right Of removal from the State court into
the circuit court of the United States. pro
vtded IN the fifth section of the act TO which
this IS amendatory, may be exercised after
the appearance of the defendant and the
hllng of his plea, or other defence in said
court, or at any term of said court subse
quent to the term when the appearance is
entered, and before jury is impanelled TO
try the same; but nothing herein contained
shall be held to abrldge the right of such
after final judgment in the State
court nor shall it be necessary in the State
court to otier OF give surety for the filing of
copies IN the circuit court of the United
States but on the filing of the petition.
verified as provided in said fifth section, the
IuTther proceedings In the State court shall
cease, and net be resumed until certificate
lnder the seal of the circuit court of the
United States, stating that the petitioner
Las laueu 70 ME copies IN the said court, at
he next tern is produced.
SEC. 4 Ind be IL further enacted, That if
he State court shall. notwithstanding the
performance of all things required for the
emoval of the case TO the circuit court
proceed further in said cause or
prosecution before said certificate is pro
uced then, in that case, all such further
proceedings shall be void and of none effect
nd all parties, judges, officers and other
ersons, thenceforth proceeding Hereunder,
T by color thereof, shall be liable in dam.
ges therefor to the party aggrieyed. TO be
covered by action in a court of the State
avlDg proper jurisdiction, or in a circuit
ourt of the United States for the district in
'hich such further proceedings may have
cen had, or where the party, officer, or other
erson, so attending shall be found and
pom a recovery of damages in either court,
be party plaintiff shall be entitled to
ouble costs
SEC. 5. AHd be 1t ffrtkcg. enacted That il
hall be the duty of the clerk of the State
ourt to furnish copies of the papers and
les IN the case to the party so petitioninR
u the removal and upon the refusal or
aglect OF the clerk to furnish such copies
he said party may docket the case in the
rcuit court of the United States and
Iereupon said circuit court shall have iu-
sdIction therein, and may, upon proof of
Leh refusal OF neglect of the clerk of the
ate court, and upon reasonable notice
ing given to the plaintiff, require him to
e declaration or petition therein and
1on has default may order a non-suit, and
smlss the case at the costs of the plain
il, which dismissal shall be a bar to any
rther suit touching the matter III contro
rsy
Apuroved Nav IL lace