Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-05-24
THE IIABEAs CORPUS ACT.

THE HABEAs CORPUS ACT.
Provisions of the Bill AS Approved by the Presi-
dent.
The President having approved the bill passed
by Congress amending an act relating to the ha-
beas corpus, and regulating judicial proceedings in
certain cases, and approved in March, 1868, it is
therefore law
It provides that every search seizure, arrest or
Imprisonment made or any acts done, or omitted
to be DONE during the rebellion by officer
person under and by virtue of any order, written
verbal, general or special, issued by the Presi
dent or Secretary of War; or by any military Off
Ger of the United States holding the command of
the department., district or place, wherein such
seizure, search, arrest or imprisonment made,
done omitted to be done, either by the person
or officer to whom the order addressed, or for
whom it was intended, or by any other person aid
ing assisting him therein, shall be held and
hereby declared to come within the purview of the
fourth and fifth sections of the said act of March
3, 1868, for all the purposes of defense, transfer,
appeal or limitation provided therein. But no
such order shall by force of this act the act to
which this is amendment be defense to any
suit action for any act done or omitted to be
done after the passage of this act When the said
order is in writing, it shall be sufficient to produce
in evidence the original with proof of its anthem
ITCHY, OF certified copy OF the same; or if sent
by telegraph, the production of the telegram pur-
porting to emanate FROM such military officer shall
be p,inu tcie evidence of it's authenticity or if
the original of such order telegram lost or can
not Dc secondary evidence thereOt shall
be admissible as IN other cases. The right of re-
moval from the State court into the Circuit Court of
the United States may be exercised after the an
pearance of the defendant and the filing of his
plea other defense in said court at any term of
said court subsequent to the term when the ap.
pearance is entered, and before Jury is empan-
nelled to try the same. But nothing herein con-
tanned shall be held to abridge the right of such
removal after final Judgment in the State court,
shall it be necessary in the State court to Of
fer or give surety for the filing of copies in the
United States Circuit Court. But on the fling of
the petitions, verified provided in said fifth sec
ton, the further proceedings in the State court
shall cease and not be resumed until certificate
under the seal of the said Circuit Court OF the Uni
ted States stating that the petitioner has failed to
file copies in the said Circuit Court at the next
term is produced
If the State court shall, Notwithstanding the
performance OF all things required for the reno
val of d to the Circuit Court, proceed further
in said cause prosecution before said certificate
is produced then in that case all such further pro-
ceedlngs shall be void and of no effect and all
parties, judges, officers and other persons thence
forth proceeding Hereunder, or by color thereof
shall be liable In damages therefor to the parties
aggrleved, to be recovered by action in a court
OF OF the State having proper jurisdiction, in
Circuit Court of the United States for the district
IN which such further proceedings may have been
hao, or where the party, officer or other persons
offending shall be found, and upon a recovery of
damages in either court the party who is plaintiff
shall be entitled to double COSTS
It is made the duty of the clerk of the State
court to furnish copies of the papers and files in
the case to the parties petitioning for the re-
moval, and upon the refusal or neglect of the
clerk to furnish such copies, the said party may
docket the 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 requiring him to file declaration or
petition therein, and upon his default NAV order
nonsuit and dismiss the case at the costs of the
PlaiInnff, which dismissal shall be bar to any
further suit touching the matter in controversy.