Page:United States Statutes at Large Volume 14.djvu/202

 172 THIRTY—NINTH CONGRESS. Sess. I. Ch. 184. 1866. bc and continue in like force and eiféct as if the same suit or prosecutiqn If copy ofpr0— had proceeded to final judgment and cxccutiodin the State court.; and 1f] °°°di"€’ in S‘°’·g° upon removal of any such suit or prosecution, IE shall be made appear go Egan5mg2t 6 the said circuit court that no copy of the record and procecdmgs therein <>¤¤¤1* ma? ¤<>¤¤· in the State court. can be obtained, it shall be lawful for said circuit court P:;cYg;§";i?;;? to allow and require the plaintid to proceed de novo, and to file a declarggr become nod- tion of his cause of action, and the parties may ther0up0n proceed as m S""? “'m’ °°“‘ actionfs] originally brought in said circuit court; and, on fmlure of so pnp M d°f°"d°mf ceeding, judgment of nollc prosequi may be rendered against the plaiuuif Act M`1633. with costs {br the defendant: Provided, That an act. entitled “An act °§" 2;* "‘?° to ifi'; furtl1er to provide for the collection of duties on imports," passed March Eg uniilzsidmr. second, eighteen hundred and thirty-three, shall not be so construed as to ml ¤`6V€¤¤° apply to cases arising under an acl: entitled "Au act to provxde {nterual hw)? im P 631 revenue to support the government, to pay interest on the public de bt, and for other purposes," passed June thirtieth, eighteen hundred and smty-four, or any act in addition thereto or in amendment thereof; nor to any case in which the validity or interpretation of said act or acts shall Revenue 065- be in issue: Provided further, That if any officer appointed under dud der Lldom. suf- under or by authority of any such ofHccr, shall receive any mjury to hxs ff-g.:§;S]?\?`{1iQ1;§ law of the United States, for the collection of taxes, he shall be entntlcd sue for dudmges. to maintain suit {br damage therefor in the circuit court of the United  2;;*:;; States, in the district wherein the party doing the injury may reside 01* cm,,;_ shall be found. And all property taken or detained by any 0£Hccr or P¤‘<>p¤¤‘*IY in other person under authority of any revenue law of the United States {svg: shall be iwepleviable, and shall be deemed to be in the custody of the irmpleviablc. law, and subject only to the orders and decrees of the courts of the United States having jurisdiction thereo£ And if any person shall disposscss R€=S¤¤¤}h¢*'¤<>¥`» 01* rescue, or attempt to dispossess or rescue, any property so taken 0I' h°w Pu°'Sh°d` detained as aforesaid, or shall aid or assist therein, such person shall bo deemed guilty of a, misdemeanor, and shall be liable to such punishment 1'l90,ph.9,§22. as is provided by the twenty-sccond section of the act, for the punishment V°1·'·P· 117* of certain crimes against the United States, approved the mhirtieth day of April, anno Domini one thousand seven hundred and ninety, for the wilful obstruction or resistance of officers in the service of process. Repeal orgpo Sm. 68. And be iz further amazed, Than che tifniemh section of an act gg *3% °f 18*** passed June thirticth, eighteen hundred and sixty-four, entitled "An act v(§1,xi{;, P, 241. to provide internal revenue to support nhs government, to pay interest on the public debt, and for other purposcs," is hereby repealed: Provided, Cam removed That any casc which may have been removed from the courts of any E;°Z‘O§L’f'é€g?‘“f; Stutc under said fiftieth section to the courts of the United States shall United sum to be remanded to the State court from which it was so removed, with all b° *°¤¤¤¤d°d» the records relating to such cases, unless the justice of the circuit c0urt'0f `m1°S°’ &°' the United States in which such suit or prosecution is pending shall bG of opinion that said casa would be removable from the court of the State to the circuit court, under and by virtue of the sixt;y·s0v¢enth section of this that ggénaih act. And in all cases which may hgve been removed from any cQurt of N ,wved mach_ any State under und by virtue of smd fifrieth section of smd act of June mem, pail, &¤. thirxiuth, eighteen hundred and sixty-bur, all attachments made. and all continue in full force and effect until final judgment and execution, 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. 69. And be it further enacted, That whenever a. writ of error _ I¤ W*‘i$¤°*`°¤'°' shall be issued for the revision of any judgment or decree in any criminal {:°§;';'}S:,le°°s°s proceeding where is drawn in question the construction of any statute of Cmmoi me the United States, in a court of any State, as is provided in the twenty-
 * g;;gf:£?rs°“s by virtue of any act to provide internal revenue, or any person acting
 * `¤¤‘i¤8 i“.i¤’i°S person or property, For or on account of any act by him done, undcr any
 * 1;;°“·*"‘“ bail or other security given upon such suit or prosecution, shall be and