Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-09-11
fPCRLTC-No. L.


AN ACT regulating Judicial proceedings in
certain cases, tor the proteCuon OF officers aud
agents OF the government, and for the better
defence OF the treasury against unlawful
claims.
BE IL Enacted ~ the Sendts dvd fouse Of Psyr,.
sentGtires Of the Tnied StGtes Of AnaeTica fa CON-
gross assembled. That all the provisions OF seq
non eight of the act of Jaly twenty eight
eighteen hundred and sixty-eight, entitled uAu
act 10 protect the revenue, ana for other pur-
poses" and the forms and modes by that sec
ton and the tvelf b section OF the act of March
three, eighteen hundred aud sixty-three there.
in referred TO, prescribed for prosecuting suits
withholding executions. and paving judgments
against officers OF the United Safes, or other per
sons engaged IN executing the acts relative 10
captured ana abandoned property. shall extend
and b. applied TO all suits and proceedings fex-
cept those IN behalf of the United Statesl which
have been brought, NAV hereafter ba
brought. against any officer or agent of the
government. civil OF military. for acts done
during the rebellion while acting by virtue or
under color of his Office OF employment: aud
every defendant in such sut or proceeding
having made full defence thereto and having
notified the Attorney General of the United
States 10 appear and defend the same, shall be
entitled 10 the full benefit and protection
provided in said section for officers and
agents OF the government engaged in the col
lection OF the pubic revenue: and sny defend
ant being aggreyed by any order or direction.
certificate, ruling, or Judgment of any court
made or had in any such proceeding. nav ex-
cept thereto and appeal thsrefrem TO the SUI
questions arising there heard and determined.
SEC. =. And Je az further enacted. That no ac-
ton or suit shall be maintained III any court of
the United Safes. or OF anv State thereof m the
nance or IN the behalf or interest of any alien.
against the United States. or any person. for or
on account OF any act done or omitted 10 BE-
done by such person as an officer or agent Of
the tnred States, in the admin stratiOn of the
act of Congress entitled IAN act to provide for
the collection Of abandoned property and for
the prevention OF frauds in insurrectonarv
n aEfr or 81
March twelve, eighteen hundred and sixty-
three or OF the act of Congre entitled San act
IN addluon TO the several acts concerning COM
mercal intercourse between loyal and inSur-
rectionary States, and TO provide for the coIlec-
ton of captured and abandoned property. and
the prevention OF frauds in States declared in
Instruction, approved July two. eighteen
hundred ana slxty-four, or in virtue or
under color OF the acts of Congress afore-
sand, or any other acts of Congress rals-
tive TO the said insurrectionary States
or 10 persons or properly therein. and
10 any action or suit which NAV have been
heretofore, or shall hereafter be. Instituted by
any alien against the United States. or any
such person as aforesaid, on account of any act
done or omitted 20 be done as aforesaid. the de-
PENDANT may and shall plead or allege ia bar
thereof, that such act was done, OF omitted to
be done, In the administration of one of the acts
OF Congress aforesaid, or in virtue OF under
color thereof, and such plea allegation, If the
fact be sustained by the proef, shall be. aud
shall be deemed and ad Judged in law TO he a
complete ana conclusive bar to any such suit
or action: PTOcided, That This section shall not
be construed so to deprive aliens who are
citizens or subjects OF any government which
accoros 10 cluzenS OF the United States tine
right TO prosecute claims against such govern
ment IN It's courts. OF the privilege OF prose-
cutting claims against the United States M the
Court OF Claims, a. now provided by law.
SIC. ,. And De az further eRd1ted. That IL is
hereby declared TO have been the true intent
and meaning Of the act approved March
twelfth, eighteen hundred and sixty-three en-
he rall of
abandoned property and for the prevention of
frauds in iEsuTrecuonary districts within the
United States" that the remedy given i'm cases
OF SEIZURE made under said act, by preterring
claim IN the Court of Claims, should be exclu-
siye, precluding the owner OF any properly
taken by agents OF the Treas ury Department as
abandoned or captured property in virtue or
under color OF said act from suit al common
law. or any other mode OF redress whatever,
before any court or tribunal other than said
Court OF CLAIMS; and In all cases in which suits
CT trespass replevin. detnue. OF any other
form OF action may have been brought and are
Row bending. or shall hereafter be brought
against any person for or on account OF private
property taken by such person as an offieer or
agent OF the United States, in virtue or under
color of the act aforesaid, or the act approved
July second, eighteen hundred and sixty-four.
entitled IAN act IN addition TO the several acts
concerning commercial intercourse bet een
loyal and insurrectionary States. and 10 pro-
vide for the collection of captured and absn-
doned property, and the prevention OF frauds
in States declared in insurrectIon," the deten-
dant may and shall plead or allege in bar
thereof that such act was done or omitted TO
be- done by him an officer or agent OF the
United States IN the administration of one of
the acts of Congress aforesaid. or in virtue or
under color thereof, and such plea or allega-
ton. II the fact be sustained by the proof,
shall be, and shall be deemed and ad Judged IN
Law 10 be, q complete and conclusive bar to
any such suit or action: T'rariGsH. h0srepsy.
That TO Judgment, recovered in accordance
with this act, shall be paid by the United
States, unless The smount receivrdngy the de.
frndant- the proceeds OF the Van saction
" HIGH was the foundation OF the suit shall have
been pald into the treasury, except upon an
appropriation duly made therefor after a full
examination OF the claim upon its m arIts.
approved, July y. IS6S.