Year: 1867

u


Saturday, the t'centy-eighthday Of July, 4.


ID. 1866"


PUBLIC ACTS.


ANDREW JOHNSON, President. LA FAYETTE


S. FOSTER, President of the Senate. LA


FAYETTE S. FOSTER was elected President


of the Senate pro tempore on the seventh


day of March, and so acted until the end


of the Session. SCHUYLER CoLFAx, Speaker


of the House of Representatives.


CHAP. CLXXXIV.-{CoNCLUDE


An Act to reduce Internal Taxation and to


amend an Act entitled "An Act to provide In


ternal Revenue to support the Government, to


pay Interest on the Public Debt, and for other


Purposes" approved June thirticth, eighteen


hundred and siXty-four, and Acts amendatory


thereof.


Sec. g. And be it further enacted, That in any
case, civil or criminal, where suit or prosecution
shall be commenced in any court of any State
against any officer of the United States, appointed
under or acting by authority of the act entitled
9 An act to provide internal revenue to support
the government, to pay interest on the public
debt, and for other purposes" passed June thir-
tieth, eighteen hundred and siXty-four, of any
act in addition thereto or in amendment thereof,
or against any person acting under or by authori-
ty of any such officer on account OF any act done
under color of his office, Or against any person
holding property or estate by title derived from
any such officer, concerning such property Or es-
tate and affecting the validity of this act acts
of which it is amendatory, it shall be lawful for
the defendant, i'll such suit or prosecution, at any
time before trial, upon petition to the circuit
court of the United States in and for the district
in which the defendant shall have been served
with process setting forth the nature of said suit
or prosecution, and verifying the said petition by
affidavit, together with certificate, signed by
attorney counsellorat law of some court OF re-
cord of the State in which such suit shall have
been commenced, or of the United States setting
forth that, as counsel for the petitioner he has
amlned the proceedings against him, and careful
ly inquired into all the matters set forth in the
petition, and that he believes the to be true;
which petition, affidavit, and certificate shall be
presented to the said circuit court if in session,
and if NOT, to the clerk thereof at his Office, and
shall be filed in said office, and the shall
thereupon be entered on the docket of said court
and shall be thereafter proceeded in as Il cause,
originally commenced in that court and it shall
be the duty of the clerk Of said court if the suit
were commenced in the court below by summons,
to issue writ of certOrari to the State court,
quring said court to send to the said circuit court
the record and proceedings in said cause; or if it
were commenced by capias, he shall issue writ
of habeaS corpus cum causa, duplicate of which
said writ shall be delivered to the clerk of the
State court, or left at his office, by the marshal of
the district, or his deputy, some person duly
authorized thereto; and thereupon it shall be the
duty of the said State cout to stay all further pro-
cecdings in such cause, aud the said suit pros
ecution, upon delivery of such process, leaving
the same as aforesaid, shall be deemed and taken
to be moved to the said circuit court and any
further drocee, ings, trial, Judgment therein in
the State court shall be wholly null and void And
if the defendant i'll any such suit be i'll actual
tody on mesne process therein it shall be the du-
ty of the marshal, by virtue of the writ of habeas
corpus cum causa, to take the body of the cefcn-
dant into his custody, to be dealt with in the said
cause according to the rules of law and the order
of the circuit court, or of any judge thereof in
cation. All attachments made and all bail and
other security given Ipon such suit or prosecu-
ton shall be and continue in like force and effect
as if the same suit or prosecution had proceeded
to final Judgment and execution i'll the State
court; and if, upon removal of any such suit or
prosecution, 1t shall be made appear to the said
circuit couIt that no copy of the record and pro-
ceedings therein in the State court can be obtain
ed, it shall be lawful fo said circuit court to allow
and require the plaintiff to proceed de nOvo, and
to file declaration OF his of action, and the
parties may thereupon proceed as in action[s] or-
ginally brought in said circuit court and, on
failure of so proceeding, judgment OF nolle prose
Qui may be rendered against the plaintiff, with
costs for the defendant: Provided, That an act
entitled An act further to provide for the col
lection OF duties on imports" passed March sec,
ond, eighteen hundred and thirty-threc, shall not
be construed TO apply to cases arising un Ter
an act entitled And act to provide internal rev.
euue to support ths government, to pay interest
on the public debt, and for other PURPOSES pas
sed June thirficth, eighteen hundred and sixty
four, or any act in addition thereto or in amend
mcnt thereof nor to any case in which the validi-
ty Interpretation of said act acts shall be in
issue: Provided further. That if any officer ap-
pointed under and by virtue of any act to provide
internal revenue, any person acting under or
by authority of any such officer shall receive any
injury to his person or property, for or on
count of any act by him done, under any law of
the United States, for the collection of taxes he
shall be entitled to maintain suit for damage
therefor in the circuit court of the United States,
in the district wherein the party doing the injury
may reside or shall be found. And all property
ol- hatI hyo
under authority of any revenue law of the United
States shall be irrepleviable and shall be deemed
to be in the custody of the law, and subject only
to the orders and DEGREES of the courts of the
United States having Jurisdiction thereof. And
If any person shall dispOssess or rescue, or at
tempt to dsposSesS or rescue, rny property 50
taken detained aforesaid, or shall aid or as
sist therein, such person shall be deemed guilty
of a misdemeanor, and shall be liable to such
punishment as is provided by the twenty-secontt
section of the act for the punishment of certain
crimes against the United States, approved the
thirtieth day of April, ammo Domini one Thousand
seven hundred and ninety, for the wiliul obstrue-
ton resistance of officers in the service of pro-
cess.


Sec. IS And be it further enacted, That the
fftieth section of an act passed June thirtieth
eighteen hundred and sixty-four, entitled " An
act to provide internal revenue to support the
government to pay interest on the public debt,
and for other purposes" is hereby repealed Pro-
vided, That any case which may have been re-





itieth section to the courts of the United States
shall be remanded to the State court from which
it was so removed, with all the records relating
to such cases, unless the justice of the circuit
court of the United States in which such suit
prosecution is pending shall be of opinion tlrat
said case woud be removal from the court of the
State to tie circuit court under and by virtue OF
the sxty-seventh section of this act. And in all
cases which may have been removed from any
court of any state under and by virtue of said ff
tieth section of said act of June thirtieth, eigh
teen hundred and siXty-four, all attachments
made, and all bail or other security given upon
81 ,h suit or prosecution, shall be and continue in
full force and effect until final judgment end exc
cution whether such suit shall be prosecuted to
final Judgment in the circuit court of the United
States, or remanded to the State court from which
it was removed.


Sec &c. And be it further enacted, That when
ever writ of shall be issued for the revision
If any Judgment or decree in any criminal pro-
,eeding where is drawn in question the eonstruc
ion of any statute of the United States, in court
If any State, as is provided in the twenty fifth
section of an act entitled " An act to establish the
judicial courts of the United States" passed Sep
emher twenty-fourth seventeen hundred and
,ighty-nine the defendant, if charged with an of
cnce baable by the laws of such State, shall not
lpon such writ, or until bond, with sufficient
urities in reasonable sum, as ordered and ap
proved by the State court, shall be given and if
he offence is not so baliab1e, until final jud2'
nent upon the writ of error. Writs of error L.
criminal cases shall have precedence upon tn
locket of the Supreme Court of all cases to whic
he government of the United States is not pa r
y, excepting only such as the court at the r
discretion, may decide to be of public impt ,r-