The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-05-24
AN ACT to amend act entitled IAN actrelating to ha
beas corpus, and regulating judicial proceedingn
in certain cases. approved March third eighteen
hundred and siXtY-;hree.

|
[PUBLIC-No. All
AN ACT to amend act entied An ctrelatiHg to ha-
beas corpus, and regulating Judicial proceedingn
in certain cases, approved March third, eighteen
hundred and sixty-;hree.
Be it enacted by the Senate and House of Repre-
sentatiyes OF the United States of America in Con-
gress assembled, That any search seizure arrest OF
lmprlS UnmenL made or any acts done or omitted 10
be done during the said rebelOn, by any officer or
person under and b virtue Of any order written or
verbal al special, issued VI he Prasiden tor
Secretary OF War, 10y any may officer OF the Uni
ted States holding the command o. the depai tmsnt
district or place Wtlin which such seizure, search
arrest, or m ,ri Onn ut was made done or comma
ted al} acts wee ~ done, or omitted to be DONE
eIlner b. the pefsYn.or oIeertJ whom the orderwas
addressed or or wAom II was N unaed or by any
other person aiding OrAsslSthG aim therein sstl Dc
held, and seraby declared 10 come within tins pur
view of act t. ch thi am Id ttuiy. and with
in the purt ie,y OF te nth, Il IA, AID Ath sections
of the said act March tard, eighteen huRl red and
y-thiee, Tor ali J pa poses OF defence, tans ter
appeal, error or lmia ion prov ded therein Bat no
such order shall. by force OF his dct, or the act 10
which this is an amendmen be defance TO any SUIT
or action any act done omitted to be done after
the passage of this act. rt ...t bats.
sec 9 IaG be it T,srtter enacted. That when the
said order is in writing it shall be sufficient to pro-
duce in evidence the original with proof pitts aqthen-
ITCHY certified copy the same; or If sen Thy tel
egraph the production of the telegram purportng to
emanate such military officer shall be pfima ia
Gle evidence of it's authenticity; ii the original OF
such order telegram is lost caunot De produced,
secondary evidence thereof shall be admissible as In
| other cases.
SEC 3. ana De az JLiter S7lOcteU, llaI OF
removal IRON TIM State court into the circuit court OF
the United States, provided in the iii section OF the
act which ts Is amendatory may be exercised an
ter the appea of the defendant and the fling OF
his plea other defence IN SAID Court or at any terPl
said court subseq uent to the term when the appear
ance is entered and before jury is empaneied to try
the sans; but nothing herein contained shall be held
to aOridge the right OF such removal alter final judg-
i'll the State cOurt, nor shall 1t be necessary IL
the State Offer give surety for the fling OF
copies in the circuit court OF the United States but
the fling of the petition verified as provided in
said fifth section, the further proceedings i'll the State
court shall cease, and not be rcsum led until certn
cate under the seal OF the circuit court OF the United
States. stating that the petitioner has failed to file
copies i'll the said circuit court, at the next TERM Is
| produced
Sec. 4. and be ttfu,ther enacted, Thatifthe State
court shall, Notwithstanding the performance Of all
things required for the reoVa! OF the case TO the Cir
court aforesaid proceed further IN said cause or
prosecution before said certificate Is produced then,
IN that case all such further proceedings shall be
void and none effect and all parties Judges OIL
and other persons thence orh proceeding there
under by color Thereon, shall be liable in damages
therefor the party aggrieved, to be recovered by
action in court oil the ate having proper Julsdlc-
lion. in circuit court of the United states fUr the
dis riot in which such further proceedings may have
been had orWhere the party, officer or other person,
so offending, shall be found; and upon recovery Oi
damages in either court, the party plaintiff shall be
| entitled 10 double costs.
| Sec s. Ind be 1t f1rtbey enacted That it shall be
the duty Of the Clerk OF the State court to furnish cop
les of the papers and files in the TO the party
petitionlng for the REMOVAL and upon the refusal or
negeCt OF the clerk furnish such copies the said
party may docket the in the circuit court OF the
United Sates and thereupon said circuit court shall
have urisdc ion therein and may upon proof Of such
reiusa Or neglect OF the Clerk OF tine State court. and
upon reasonable notice being given to the plaintiff,
and Gpon his default may order nou-suit. and dis
miss he at tine costs OF the pan ih, which dis
nlsspl shall be bar TO any further salt ouChlng the
ma Ter in controversy.
| Approved, May II, 1866.