Page:United States Statutes at Large Volume 14.djvu/201

 THIRTY-NINTH CONGRESS. Sess. I. Ch. 184. 1866. 171 summon witnesses, and take testimony; and each and every such person Sw. of any omfalsely swearing or aflirming shall be subject to the penalties and disabili· ‘§;°f ’°'°"“°• ties prescribed by law for the punishment of corrupt and wilful perjury ; ;5,_;s°,ww-in and all officers of the government are hereby required to extend to the b¤¤9r¤ him W l>• said commissioner all reasonable facilities for the collection of information p°g§;g;,nmmt pertinent to the duties of his offnce. And the said special commissioner qmeersto extend shall be paid an annual salary of four thousand dollars, and the travelling f“g“fi°’· expenses necessarily incurred while in the discharge of his duty; and all Fm£ng pr;. letters and documents to and from the special commissioner relating to the vilege. duties and business of his office shall be transmitted by mail free of postage. And section nineteen of an act entitled "An act to amend an act entitled ‘Au act to provide internal revenue to support the govern- R°P°“l °*`$1° ment, to pay interest on the public debt, and for other purposes} approved g2??;? 1865* June thirtieth, eighteen hundred and sixty-four," approved March third, Vol. kiii. p. 487. eighteen hundred and sixty—{·ive, be, and the same is hereby, repealed. Sec. 67. And be it further enacted, That in any case, civil or crim- U} ¤U¤¤l¤ iual, where suit or prosecution shall be commenced in any court of any 2%:::;*;: State against any officer of the United States, appointed under or acting sous acting uuby authority of the act entitled "An act to provide internal revenue to 2:; 2;’.;';;ii‘°2he support the government, to pay interest on the public debt, and for other validity Ofgthis purposes," passed J uno thirtieth, eighteen hundred and sixty-four, or of Mt, &<>·. d¤f¢¤- any act in addition thereto or in amendment thereof, or against any per-  :5 to son acting under or by authority of any such officer on account of any act the United States done under color of his office, or against any person holding property or °**'°“*P °°:"; “* estate by title derived from any such officer, concerning such property or ?;:§1_um° ° °r° estate, and affecting the validity of this act or acts of which it is amendatory, it shall be lawful for the defendant, in such suit or prosecution, at _ any time before trial, upon a petition to the circuit court of the United I, P'°°°°d'{*8* States in and for the district in which the defendant shall have been  gw_ served with process, setting forth the nature of said suit or prosecution, and verifying the said petition by affidavit, together with a certificate, signed by an attorney or counsellor at law of some court of record 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 examined the proceedings against him, and carefully inquired into all the matters set forth, in the petition, and that he believes the same 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 Bled in said office, and the cause shall thereupon be entered on the docket of said court, and shall be thereafter proceeded in as a cause, originally commenced in that court; and it shall be the duty of the clerk of D¤¤y_<>f clerk said court, if the suit were commenced in the court below by summons, to °r°"°mt °°m issue a writ of certiorari to the State court, requiring said court to send C¢¤‘fi9F¢¤‘i· to the said circuit court the record and proceedings in said cause; or if it were commenced by capias, he shall issue a writ of habeas corpus cum Habcascorpus causa, a duplicate of which said writ shall be delivered to the clerk of the °“m °*‘“s°· State court., or left at his office, by the marshal of the district, or his de- HOW Served_ puty, or some person duly authorized thereto; and thereupon it shall be the duty of the said State court to stay all further proceedings in such SW6 wl? *0 cause, and the said suit or prosecution, upon delivery of such process, or ?gg,l;1°§?3r{hm. leaving the same as aforesaid, shall be deemed and taken to be moved to actsthemmvoid. the said circuit court, and any further proceedings, trial, or judgment therein in the State court shall be wholly null and void. And if the de- Ifdsfendantin feudant in any such suit be in actual custody on mesne process therein, it $;;H":g’2;’{:";h° shall be the duty of the marshal, by virtue of the writ of habeas corpus body cum causa, to take the body of the defendant 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 vacation. All attachments made Atmchments, and all bail and other security given upon such suit or prosecution shall ;’i‘;Lf‘°‘ "° °°°`