St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1869-08-27
Approved, july p, 1868.

An Act regulating Judicial proceedings
in certain cases, for the protection Of
officers and agents of the government,
and for the better defence of the
treasury against unlawful claims.
BE it enacted by the Senate and House
of Representatives of the United States
of America in Congress assembled, That
all the provisions of section eight of the
act of July twenty-eight, eighteen humid
red and siXty-siX, entitled IAN act to
protect the revenue, and for other pur-
poses" and the forms and modes by that
section and the twelfth section of the act
of March three, eighteen hundred and
sixty-three, therein referred to, prescribed
for prosecuting suits, Withholding execu-
tons, and paying judgments against Off
GERS of theUnited States, or other persons
engaged in executing the acts relative TO
captured and abadoned property, shall
extend and be applied TO all suits and
proceedings Except those in behalf Of the
United States which have been brought,
or may herafter be brought, against any
officer or agent of the government, civil
or military, for acts done during the re-
bellion while acting by virtue or under
color of his office or employment and
every defendant in such suit or proceed
ing having made full defence thereto, and
having notified the Attorney General OF
the United States to appear and defend
the same, shall be entitled to the full ben
eft and protection provided in said sec
ton for officers and agents of the gov
ernment engaged in the collection of the
public revenue; and any deiendent being
aggrieved by any order or direction, Ger
tificate, ruling, or judgment of any court
made or had in any such proceeding,
may except thereto and appeal there
from TO the Supreme Court of the Unit
ed States, and have the questions arising
there heard and determined.
SEC. ,. And be it further enacted
That no action or suit shall be maintain
cd in any court af the United States, or
of any State thereof, in the name or in
the behalf or interest of any alien, against
the United States, or any person, tor or
on account OF any act done or omitted
to be done by such person lis an officer
or agent of the United States, in the ad-
ministration of the act of Congress emit
led Gan act to provide for the collection
of abandoned property and for the preven-
ton of frauds in insurrectionary districts
within the United States" approved
March twelve, eighteen hundred and six
y-tbree, or of the act OF Congress enti-
tied An act in addition to the several
acts concerlng commercial intercourse
between loyal and iusurrectionary States,
and to provide for the collection OF cap
iured and abandoned property, and the
prevention OF frauds i'll States declared in
approved July two, eight
cen hundred and siXty-tour, or in virtue
Or under color of the acts of Congress
or any other acts OF Congress
relative to the said insurrectonary
States, or to persons or property therein
and any action or suit which have been
or shall hereafter be, institu-
ted by any alien against the United
States, or any such person as aforesaid,
on account Of any act done or omitted
to be done as aforesaid, the detendcnt
may and shall plead or allege in bar
thereof, that such act was done, or
omitted to be done, in the administration
of one of the acts of Congress aforesaid.
or in virtue or under color thereof, and
such plea or allegation, if the fact be
sustained by the proof, shall be, and
shall deemed and adjudged in law to be,
a complete and conclusive bar to any
this section shall not be construed so as
to deprive aliens who are citizens or sub
Jects OF any government which accords
to citizens of the United States the right
to prosecute claims against such govern
ment in its courts of the privilege or
prosecuting claims against the United
States i'll the Court of Claims, as now
provided by law.
SEC. 3. And be it further enacted,
That it is hereby declared to have been
the true intent and meaning of the act
March twelfth, eighteen humid
red and sixty-three. entitled can act to
provide for the collection of abandoned
property and for prevention of frauds in
districts within the Unit
ed States,' that the remedy given in
cases of seizure made under said act, by
preterring claim in the Courts of Claims,
should be exclusive, precluding the OWL
er OF any property taken by agents of
the Treasury Department as abandoned
or captured property in virtue or under
color of said act from suit at common
law, or any other mode of redress what
ever, before any court of tribunal other
than said Court of claims and in all
cases III which suits of trespass, replevin,
detlnue, or any other form of action NAV
have been brought and are now pending
or shall hereafter be brought against
any person for or on account of
private property taken by such person
is an or agent OF the United States, |
in virtue or under color of the act afore- |
said, or the act approved July second. |
eighteen hundred and sivty-four, entitled |
AN act in addition to the several acts,
concerning commercial intercourse be-
tween loyal and insurrectionary States,
and TO provide! for the collection of captur
ID and abandoned property, and the pre-
.ention of frauds in States declared in |
the defendant may and |
shall plead or allege in bar thereof that
such act was done or omitted to be done
by him as an officer or agent of the Uni
ted states in the administration of one of
The acts OF Congress aforesaid, or in vir-
tue or under color thereof, and such plea
or al egation, if the fact be sustained by
the proof, shall be, and shall be deemed
and adJudged in law to be, complete
and conclusive bar to any such suit or
action: Provided, however, That no