Year: 1866

An act to Gmend an act entitlad "An act re-


!atlng to habeas corpus and regulating
Judicial proceedings in certain cases" an.


proved March third, eighteen hundred and


sixty-three


BE aeRacted by the Senate and Horse of Rep-
TeseatatiUes Of the United States of Aneyioa, n
Congress assembled, That any search, seizure,
arrest, or imprisonment made, or any acts
done or omitted to BE- done during the said
rebellion, by any officer or person. under
and by virtue of any order, written or verbal
general or special. issued by the President
or Secretrry or War, or by any military Off
Ger of the United States holding the COM
mand of the department, district, or place
within which such seizure search, or arrest,
or imprisonment was made, done, or COM
United, or any acts were so done, or omitted
to be done, either by the person OF officer to
whom the order was addressed or for whom
1t was intended, or by any other person aid
ing or assisting him therein, shall be held
and are hereby declared to come within the
purview of the act to which this is amenda-
tory, and within the purview OF the fourth
NTH, and sixth sections of the said act of
March third; eighteen hundred and sixty
three, for all the purposes of defense, trans
fer, appeal, error, or limitation provided
therein. But no such order shall, by force
of this act, or the act to which this is an
amendment, be defence to any suit or &C
tion for any act doue OF omitted to be done
after the passage Of this act


II SEC. 2 ARd be it further enacted, That
when the said order is in writing, it shall
be sufficient to produce in evidence the
original, with proof of its authenticity, OF
a certified copy of the same; or if sent by
telegraph, the production of the telegram
purporting to emanate from such military
officer shall be prima facie evidence of its
otrN Nhsra4 asN Il I i
der or telegram is lost OF cannot be pro-
duced, secondary evidence thereof shall be
admissible, as in other cases.


SEC. B. And be IL further enacted, That the
right of removal from the State court into
the circuit court of the United States, pro-
vided in the fifth section of the act TO which
this is amendatory, may be exercised after
the appearance of the defendant and the
filing of his plea, or other defence in said
court or at any term of said court subse-
quent to the term when the appearance is
entered, and before jury is impanelled to
try the same; but nothing herein contained
shall be held TO abridge the right of such
removal after final judgment in the State
court, nor shall it be necessary in the State
court to offer or give surety for the filing of
copies in the circuit court of the United
States; but, on the filing of the petition,
verified as provided in said fifth section, the
further proceedings in the State court shall
cease, and not be resumed until certificate
under the seal of the circuit court of the
United States, stating that the petitioner
has failed to file copies in the said court, at
the next tern is produced.


SEC. 4. AHd be ii further enacted That if
the State court shall Notwithstanding the
performance of all things required for the
removal of the case to the circuit court
aforesaid, proceed further in said cause or
prosecution before said certificate is pro-
duced, then, in that case, all such further
proceedings shall be void and of none effect
and all parties, judges, officers, and other
persons, thenceiorth proceeding Hereunder,
or by color thereof, shall be liable in dam
ages therefor to the party aggrieved, TO be
recovered by action in court of the State
having proper jurisdiction, or in circuit
court of the United States for the district in
which such further proceedings may have
been had, or where the party, officer, or other
person, SO attending, shall be found; and
upon a recovery of damages in either court,
the party plaintiff shall be entitled to
double costs.


SEC. 5. ARd be 1t further enacted That it
shall be the duty of the clerk of the State
court to furnish copies Of the papers and
| files in the case to the party so petitioning
| fol the removal and upon the refusal or
neglect of the clerk to furnish such copies,
the SAID party may docket the case in the
circuit court of the United States and
thereupon said circuit court shall have ju-
risdiction therein, and may, upon proof of
such refusal or neglect Of the clerk of the
State court, and upon reasonable notice
being given to the plaintiff, require him to
file declaration or petition therein and
upon his default may order non-suit, and
dismiss the case at the costs of the plain.
tiff, which dismissal shall be a bar to any
further suit touching the matter IN contro-
versy.


Mo- 1EEc