Year: 1873

SENATE BILL NO. l0l.
a Bull for giving full force aud effect to


section thirty>fve. of article eight, of the


Constitution, relating to citizens of the


State of West Virginia, who aided or par


ticipated in the late war between the gov


eminent of the United States aud q part of
the people thereof


Paused March 18th, 1918.


Be 1t enacted by the Legislature Of Fest


Virginia


1. That no citizen of this State. who aided
or participated in the late war between the
government of the United States aud part
of the people thereof, on either side, shall be
liable in 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 done according to the usages of civil
lzed warfare in the prosecution of said war,
by either of the parties thereto.


g That in any action or suit, pending, or
which may hereafter be brought in any court
of this State. if it shall appear by the decla
ration, or other pleading of the plaintiff. that
the act complained of, was done according to
the usages of civilized warfare, in the rrose>
cution of the war between the government of
the United States aud part of the people
thereof; the court. upon demurrer to the dec
laration, or other pleading of the plaintiff,
shall dismiss the plaintiffs action at his costs.
And it it does not so appear, the court shall
admit any prorer plea, setting forth that the
act complained of by the plaintiff in the ac-
tion was done according to the usages of
civilized warfare in the prosecution of said
war and if upon an issue of law, or fact,
made upon the said plea, it he found for the
defendant, the Judgment of the court shall
be in his favor.


3. That if it shall be alleged by petition,
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 decree shall be trans
ferred, that such Judgment or decree was re
covered or pronounced by reason Of an act
done by the defendant according to the usage
of civilized warfare in the prosecution Of said
war, the court shall suspend proceedings uron
such judgment or decree: and being satisfied
of the truth of said allegation. or if it appears
by the record that plea setting forth that
the matters complained of were done in oc>
cordnnce to the uSagcs of civilized warfare in
the prosecution of said war, was flied or of
fered to be filed hy the defendant, and re-
jected "r overruled hv the conrt shnll set aside
the Judgment or decree. and award 81 new trial
therein, which shalt be governed hv the pro-
visions of this act; and in case the Judgment
or decree upon the new trial be in favor Of tho
Defendant. and re shall have paid the said
Judgment or decree in said rttition set forth,
or any part thereof, the court shall render Il
Judgment decree thai tie same Shall lie re
stored to the defendant. with interest, and
shall enforce snch restitution by execution or
other proper process.


+. If it shall appear. by petition. under
oath, to the court in which any action at law
or suit in equity may he pending to enforce
the payment OF a Judgment or decree rem
dered against the petitioner that such judg.
ment or decree was recovered or pronounced
for an act done hy him according TO the ,sages
of civilized warfare, aud that the defendant
is proceeding under the provisions nf this act
t" have the Judgment or decree set aside. shall
suspend proceedings in said action at law, or
suit in equity, for rcaronable time. to enable
the petitioner to have said Judgment or de-
cree set aside, and if the said Judgment or de-
cree shall DO set aside, dismiss said acfion at
law or suit in equity. at the cost of the plaintiff


s. That upon the trial of any indictment,
presentment or information, the defendant
may be permitted to show that the act charged
against him was done according to the usages
of civilized warfare in the prosecution of said
war, ana if the evidence establishes the fact.
he shall be entitled to verdict of acquittal,
and the court, if required, shall so Instruct
the jury.


6. In prosecutions, where there has been or
shall be conviction of felony or of mis-
demeanor, the party convicted, before the
court in which. the conviction was had. or the
court to which the Judgment of conviction
was transferred, upon rc,itinn Of the party
under oath, that the act for which he was cou-
victed was done according TO the u<ages of
civilized warfare, and heing satisfied Of the
truth Of the allegation, the court shall award
to the party trial, to be had according
to the provisions "f this act.


T. This act shall be in force from it's pas
sage.