Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-05-25
NUMBER 254
EiWS OF TIE UNITED STATES.
FdSSed al the fisst session or me
Ihttfy ninth Congress.
PCBIIC-No AT

a 4ct % Smend an aet eutitlad An act re-.
tatlnS 70 ha0eas corpus. ana rsguIati-r
Judicial proceedings iD let, ''''' . ''- :
proved March third, eighteen brn5rs.4 Ia
sixty-three = 1'1i eo aoa
BE teHacfei Jy f@e Sesats ard gy,,,.. =, 4,..
IsetRIdIlreS q nc JHEea States ~ sr.,,.-+ =
80, ''s assembled. That ANS search. sej7are
.i'.'S'' VI 1ul 'tlSoAl leAt made. or auv acts
d9hs or omitted 10 b d5ne during tta 80
rebellion, by any officer or rerson -
ana by virtue of any order, written or, ,-..5,,l
general or special. issued hy rhe Prose-.
OF SeeFetrry OF War. or by anv military et
Ger OF the United States holding fha Am
naud OF The department, district. or rfa-a
! N4thih WEleu Snch seizure, search or sr-4sr
I or Imprisonment was made done or -s-,
! Hltted- or any acts were so done. or omitted
/ 20 be done, either by the person or office n
I WAom the order was addressed OF f,r yyhe-,,
1 = was intended, or by any other person aid
I ing or assisting him therein. shall he he5F
I u alIu are AettoS declared, 20 Come within The
| purFlew OF the act 10 which this is ameufs
/ tory, and within the purriew Of the forr+E
nith, and sixth sections of the said art ~
n7Ich lhlIc; eighteen hundred and sixty
/ eHTee' Tor all the purposes Of defense. trans
IeI' appeal, error, or limitation provided
therein. But no such order shall bv forra
OF TINS act, or the act to which this Is au
amendment be defence to any suit or ac.
s s.ol ios any aet done OF omitted 10 be done
after the passage Of this act
SEC ,. .4Hd BE- Il f,rIer enacted 1vfaf
Mneu the sad order IS an writing IL shall
be sufficient to produce in evidence IN.
original, with proof of its authentjcjty IN
certified copy of the same; or If sent by
telegraph the production of the telegram
purportlng 70 emanate from such military
officer shall he pIima taCie evidence of i+s
authenticity rlf the original OF such or.
der or telegram is lost or cannot b. mr.,
ducedt secondary evidence thereof shall be-
admissible as IN other cases
rs. > Ind o. UtWtaer enacted, That the
right of removal from the state court rrf.
the circuit court of the United Sratea ,,
Nlued III the NTH section of the act 20 winch
TINS IS amendatory may DE exercised .frer
the appearance of the defendant ana tha
hlng Of his plea, OF other defence in saI9
coart, or at any term of said court sphsa
queht 20 the term when the appearance is
entered and before "a jury is iWpauelIea to
IfN the same; but nothing herein contained
shall be held To ahrjdge the right of ~geh
removal after final Judgment ia the State
court nor shall IL be necessary in the State
court to oder or give surety for the filing af
s'ples M the circuit court of the United
2'a'es' but' ON the ming OF the petition
Seilhed as provided ina said fifth serflsY III.
uFfher proceedings lu the State rourt .b,n
lease, and net be resumed until Il certft.,+.
lndef the seal of the circuit court uf fEc
-hlted States. stating that the petitior4r
,as tailed to file copies in tAe said court at
ne next tern is produced
SIC 4. ARd Be IL fQJtbf,. enacted 7b.t. .r
ne state court shall, notwithstanding tha
ertormance OF all things required rT tbr
ehoNal OF the case 10 the circuit cauft
IofesAldi proceed further Ina said ,guss or
iosecutluu before said certificate is rr.-
uced, then, IN that case, all such ulrfbar
roceedlngs shall be void and of none effect
ld all parties, judges officers. and otbsr
ersons, thenceiorth proceeding thereuu3ar
: by color thereof, shall be liable in dam
5es therefor to the party aggIieved TO d.
covered by action IN court of the State
iNlng proper jurisdiction. or in a rirfuit
urt OF the United States for the district in
hlcn such further proceedings may have
eh had, OF where the party, officer, or other
t5oh' so attending shall De found; and
'oh recovery of damage in either fonrt
. party pluutIit shall be entitled TO
'uble costs
SEC. 8 AHd be Il further enacted That Fl
an he the duty of the clerk of the Sf4te
trt TO furnish copies Of tho papers and
g IA the case to the party So peutioniur
! the removal and upon the refusal oh
EIeCt oI the clerk to furnish such comics
sald party may docket the case iu the
Cult court OF the United States: and
eIeupoh eaid circuit court shall have iH.
ulC IloH thereln, and may, upon proof Of
"a refusal OF neglect of the clerk of IN.
ite court, and upon reasonable notice
hg given to the plaintiff, require him 10
declaration or petition therein: and
on ms default may order a pou--ujr arJ
mss the case at the costs Of the rlaiu.
p. winch dismissal shall be "a bar TO amy
thef SUIT touching the matter la rontr1
sy.
Approved, May II, lsCG.