The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-05-16

WASHINGTON, May l5.-The follow
ing is the bill amending the act relating
to judicial proceedings in certain cases,
and approved March, 1853: 1t provides
that any search, seizure, arrest, or inn
prisonment made, or any acts done or
omitted to be done during the rebellion
nv an officer or person under and by
virtue of any order written or verbal,
general or special, issued by the Presi-
dent or Secretary of War, or by any
military officer of the United States
holding the command of the depart
ment, district or place within such seiz-
ure, search, arrest or imprisonment
was made, done, or omitted to be done
either by the person or officer to whom
the order was addressed, or for whom 1t
was intended, or by any other person
aiding or assisting him therein, shall be
held and are hereby declared to come
within the perview of the 4th and 9th
sections OF said act of March 8, 1868, for
all purposes of defense, transfer, APP
peal or limitation provided therein, but
no such order shall, by face of this act,
or the act to which this is an amend
ment be defense to any suit or action
for any act done or omitted to be done
after the passage of this act, When
the said order is in writing IL shall be
sufficient TO produce in evidence the
ORIGINAL writ proof of its authenticity
of a certified copy of the same, or If
sent by telegraph the production of
the telegram purporting to emanate
from such military officers, shall be
primo fdclu evidence of its authenticity;
or II the original COPY of such order or
telegram is lost or cannot be produced,
secondary evidence thereof shall be
admissible as in other cases. The right
of removal from the State Court into
the Circuit Court of the United States
may be exercised after the appearance
AIi1u nf hf0
pIea or other defense in said court at
any term of said court subsequent to
the term when the appearance is enter
ed. and before a Jury is empannelled to
try the same; bnt nothing herein con-
tained shall be held to abridge the right
of such removal after judgment in the
state Court; nor shall it be necessary
in the State Court to offer or give surety
for the filing of copies in the United
States Court. but on the filing
al the petitions verified as pro-
yided in said 9TH section, the fur
Their proceedings in the State Court
shall cease and not be resumed until
certificate under the seal of the said
circuit Court of the United States,
stating that the petitioners has failed
to file COPIES in the said Circuit Court
at the next term is produced. III the
STATE Court shall, Notwithstanding the
performance of all things required for
The removal of the case to the Circuit
Court, proceed further In said cause or
prosecution, before said certificate is
produced, then, in that case, all such
Tnrther proceedings shall be void and
of no effect at all. Parties, judges, OIL
GERS and other persons ihencetorth pro-
ceeding hereunder or by color thereof,
shall be liable in damages therefor to
the party aggrieved, to be recovered by
an action in a court of the State having
proper Jurisdiction, or in circuit court
| Of the United States for the district in
which such further proceedings
NAV have been had, or where the
party, officers or other persons SO
OFFENDING shall be found, and upon a
recovery of damages in either count
the party who Is plaintiff, shall be en-
titled to double costs. 1t Is made the
duty of the Clerk of the State Court TO
| furnish copies of the papers and files In
the case to the party SO petiuontng FOR
removal and upon the refusal CT neg
lect ofsthe CLERK to furnish the case In
the Circuit Court of the United States,
and Ihereupon said Circuit Court shall
have jurisdiet ion therein and may upon
proof of such refusal or neglect OF the
sonabIe notice being given to the plain
/ tiff and reonire him to file a declaration
1 therein and upon his default, may or
der non-suit and dismiss the case at
thee costs of the plaintiff which dismissal
shall be a bar to any further suit touch
ing the matter in controversy.
/ The Senate has confirmed the nom
1 ination of w, Calvin Brown, of New
/ York. as Consul at Augsburg and
Frank Swan, of Ohio, as Consul at Ma
pies.