Year: 1866

An act to amend an act entitlad "An act re-
latlng to habeas corpus, and regulating
judicial proceedings in certain cases" ap-
proved March third, eighteen hundred and


sixty-three.


Be itenacted By the Senate and Hous, of Rem
resentdtires of the United States Of Am1ioa, n
Congress assembled, That any search, seizure,
arrest, or imprisonment made, or any actG
done or omitted to be done during the aaid
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 OF 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.
mitted, or any acts were so done, or omitted
to be done, either by the person or officer to
| whom the order was addressed, or for whom
it 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 ameuda-
tory, and within the purview OF the fourth.
! fifth, 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, OF the act to which this IL an
amendment, be defence to any suit or ac-
ton for any act done or omitted to be done
after the passage of this act.


ssn sES the said order il in writing, L s6sH nii
I TIT faf4efent TO produce in evidence the
I Oh tas1 with proof Of its authenticity, or
a certified copy Of the same; or IL sent by
telegraph, the production of the Telegram
purporting to emanate from such military
officer shall be pFima facie evidence of its
| authenticity; orif the original of such or.
-. l.
| duced, secondary evidence thereof shall be
admissible, as in other cases.


SEC. 3. And be it further enacted, That the
| right of removal from the State court into
the circuit court of the United States, pro-
Yided 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 fling 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
l
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. And be it 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 il 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, thenceforth 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 a 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. And 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
for 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-
risdietion therein, and may, upon proof Of
such refusal or neglect of the clerk of the


State court, and upon reasonable NOTES
being given to the plaintiff, require him e


file a declaration or petition therein and


upon his default may order a non-suit, and


dismiss the case at the costs of the plain


tiff, which dismissal shall be a bar 10 any


further suit touching the matter in contro-


versy.


| Approved Nav IL, 1866.