Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1873-04-05
Important to Soldiers of the late Wan.
SENATE BILL NO. lOI

Den ALE BILL NJ. lUl.
A BILL for giving full force and effect
to section thirty-fve, of article eight.
of the Constitution, relating to citi-
zens 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 peo-
pie thereof.
Passed March 18th, 1878.
Be IL enacted by the Legislature Of
Hest Tirginia:
l. That no citizen of this State, who
aided or participated in the late war
between the government of the United
States, and part of the people thereof,
on either side, shall be liable in any pro
ceeding, civil or criminal, nor shall his
property be seized or sold under final
process, issued upon judgments or de-
crees heretofore rendered, or otherwise,
because Of any act according TO the
usages of civilized warfare in the prose
cution of said war, by either Of the par
ties thereto.
,. That in any action or suit,pending
or which may hereafter be brought III
any court in this State, or If II shall APP
pear bv the declaration, or other plead
ING of the plaintiff, that the act com
planned Of, was done according TO the
uSaces of civilized warfare, in the pros
ecution of the war between the govern
mcnt OF the United States and part OF
the people thereof; the court, upon de
murrer TO the declaration, or otherplead-
ING Of the plaintiff, shall dismiss the
plaintiffs action at his cost. And if 1t
does not SO appear, the court shall ad-
nit any proper plea, setting forth that
the act complained of by the plaintiff IN
the action. was done according 10 the
usages of civilized warfare in the prose
cution of said war; and if upon an issue
OF law, or fact, made upon said plea, it
Le found for the defendant, the .ludg-
ment of the court shall be in his favor
,. That if it shall be alleged by petl-
ton, under oath of the defendant,to the
court in which any Judgment or decree
shall have been rendered or pronounced
or TO any court to which such judgment
B or decree shall be transferred, that such
Judgment or decree was recovered or
pronounced hy reason OF an act done by
the defendant according TO the usages
of civilized warfare i'll the prosecution
of said war, the court shall suspend pro
ccedings upon such Judgment or decree;
and, being satisfied OF the truth OF sand
allegation, or if it appears by the record
that plea setting forth that the mat
tiers complained Of were done in accor-
dance with the usages of civilized war
fare in the prosecution OF said war was
filed or offered to be filed by the deten-
dant, and rejected or oyerruled by the
court, shall set aside the Judgment or
decree, and award a new trial therein,
which shall be governed 10y the provls
ions Of this act; and in case the Judg-
mcnt or decree upon the new trial be III
favor OF the defendant, and he shall have
paid the said Judgment or decree III
said petition set torIh,or any part there
of, the court shall render n Judgment or
decree that the same shall be restored
10 the defendant, with interest and shall
enforce such restitution 10y execution or
other proper process.
4. If it shall appear,by petition,under
oath, to the court in which any action at
law or suit in equity may be pending,
to enforce a Judgment or decree render
ed against the petitioner, that such
Judgment or decree was recovered or
pronounced, for an act done 10y him ac-
! cording to the usages of civilized war
fare, and that the defendant is proceed
ING under the provisions Of this act to
! have the Judgment or decree set aside,
shall suspend proceedings in said action
at law, or suit in equity, for a reasona-
bic time, to enable the petitioner 10
have said Judgment or decree set aside,
and if the said judgment or decree shall
be set aside. dismiss said action at law
or suit in equity, at the cost of plaintiff
). That upon the trial Of any indlct-
ment, prescntment or information, the
, defendant may he permitted To show
that the act charged against him was
done according To the usagcs OF clvIliZ-
ed warfare in the prosecution Of said
war; and if the evidence establishes The
face, he shall be entitled to "A verdict Of
acquitlal, and the court.if required, shall
} so instruct the jury.
6. In prosecutions, where there has
! been Or shall be a conviction of felony
or of misdemeanor, the party convict
ed, before the court in which the con
yction was had, or the court 10 which
the Judgment of conviction was trans
ftrred, upon petition Of the party under
oath. that the act for which he was CON
victcd was done according to the usages
of civilized warfare, aud being satisfied
of the truth OF the allegation, the court
shall award to the party a new trial, to
he had according to the proSlsionS OF
this act.
:. This act shall be in force from It's
passage.
Hay The LEGIsLATuRE-Ihe follow
ing bills have passed both houses -
4 hill authorizino muuiciDal cOrDOra-