South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1873-04-11
Important to Soldiers of the late
War.
SENATE BILL no. lOl.


A Bill for giving full force and effect TO section
! thirty'hve, of article eight, of the Consiitu-
/ ton, relating to citizens of the State of West
| Virginia. who aided or participated in the late
! war between the government OF the United
states and part of the people thereof
Passed March 18th, 1873.
Be enacted by the legislature Of Fest IjrgiHia
L. Ihat no citizens Of this State, who
aided or participated in The late war be-
tween the government Of the Unite1 s Safes,
and part ofthe people thereof, on either
SIDE, SHALL De liable 10 any proceeding. civil
or criminal, nor shall his property be seized
or sold under final process, issued upon
Judgments or DEGREES heretofore rendered +,
or otherwise, because Of any act according
to the usagcs of civilized warfare in the
prosecution of said war, by either of the
! parties thereto.
That IN any action or suit, pending or
which may hereafter be brought 10 any
court III this State, or If it shall appear by
the declaration, or other pleading of the
piaintiff, that the act complained of, was
done according TO the usagcs Of civilized
warfare, In the prosecution OF tho war be.
tween the government of the United States
aud part 1.-THE people thereof; tue court,
upon demurrer to the declaration, or other
I pleading of the plaintiff, shall dismiss the
/ plaintiffs action at his cost Aud if it
does not so appear, the court shall admit
any proper Plea, setting forth that tho act
complained of by the plaintiff in the ac-
tlon, was done according to the usagcs of
CIVILIZED warfare in the prosecution of said
war; aud if upon an issue Of law, or fact,
made upon SAID plea it be found for the
defendant, the judgment of the court shall
/ be IN his favor.
. That'if 1t shall he alleged by petition,
/ under oath OF the defendant, 10 the court
in which any judgment or decree shall
nave beeu rendered or pronounced or to II.
ny court to which such Judgment or de-
I cree shall be transferred, that such Judy
ment or decree WAS recovered or prououn-
ced by reason OF au act done by the defend
ant according 10 the usages of civilized
warfare 10 tho prosecution of said war, the
court shall suspend proceedings upon such
Judgment ordecrce and, being satisfied
OF the ruth of said allegation, or if it an.
pears b3 the record that plea setting forth
] that the matters complained Of were done
10 accordance with the usages of civilized
warfare 10 the prosecution of said war was
filed or offered to be fled by the defend
ant, and rel cted or Overruled by the court
shall set aside the judgment or decree, and
award a new trial therein, which shalt be
governed by the provisions Of this act ::
aud in case the judgment or decree upon
the new trial be in favor OF the defendant
and be shall have paid the said judgment or
decree in said petition set forth, or any other
part thereof, The court shall render iudy-
ment or decree that the same shall be res
tored to the defendant, with interest, and
shall enforce such restitution by execution
or other proper process.
!. If 1t shall appear by petition, under
oath, to the court in which any action at
law or suit in equity my be pending, to
eufnrce Judgment or decree rendered a.
gainst the petitioner, that such Judgment
or decree was recovered or pronounced, for
an act done by bin according to the usages
Of civilized warfare and that the defendant
Is proceeding under the provisions of this
act to have the judgment or decree set a.
SIDE, shall suspend proceedings in said &C
ton at law, or suit in eqrity, for reason
able time, to enable the petitioner to have
said judgment or decree set aside. and If
the said judgment or decree shall be sat
aside, dismiss said action at law or suit in
equity, at the cost of pl iintif
>. That upon the trial of any indct.
ment, presentment or information, the de-
lendan' may be permitted to show that the
act charged against him was done accord
ing TO the usages of civilized warfare in the
prosecution of said war, add if the evidence
establishes the fact, lie shall be entitled to
verdict Of acquittal, aud the court, if re-
CURED shall 80 instruct the jury.
6. 10 prosecutions, whore there has been
or shall he conviction of felony or Of a
misdemeanor, the party convicted before
The court in which the conviction was had
or the court to which the judgment Of con
viclion was transferred, upon petition Of
the party under oath, that The act for which
be was convicted was done according to the
usages Of civilized warfare, and being sat.
ishcd Of the truth Of the allegation, the
court shall award to the p riy new trial,
to be had according to the provisions Of
'his act.
!. This act shall b. 10 force from It's
passage
INsTISCr oF the pIGFoN. S svcral
weeks sire, No. Richard R4ncls. q this