Page:United States Statutes at Large Volume 14.djvu/76

 46 THIRTY-NINTH CONGRESS. Sess. I. Ch. 80. 1866. May 11, 1866. CHAP. LXXK. -—An Act to amend an Ac! entitled "An Act relating to Habea; Coy- 1868 ch SL · pus, and regulating Judicial Proceedings in certam Cases," approved Jlarch third, gig];. VOL in  755_ teen hundred and sixty-three. S°}’,Jj?Lj°;§5;’·7· Be it enacted by the Senate and Ease of Representatives of the United Orders Mm States of America in Congress assembled, That any search, seizure, arrest, proper omccr ro orrimprisonment made, or any acts done or omitted to be done during the §g;;°;é"b°°;'$’;" sand rebellion, by any officer or person, under and by virtue of any order, {ence to mts on written or verbal, general or special, issued by the President or Secretary iggunnt of such of \Véar,for by guy Illllllklfy officer of the United States holding the com- ’ man o the epartment, district, or place within which such seizure search, arrest, or imprisonment was made, done, or committed, or any actd wprc so doneé or omittgg to be done, either by the person or ofhccr to w nom the or cr was :1 ressed, or for whom it was intended, or by any other person aiding or assisting him therein, shall be held, and are hereby 18%% :*381, declared, tolcome within the purview of the act to which this is amende- VOL xH_ pp: ,56, tory, and within the purview of the fourth. fifth, and sixth sections of the 767. said act of March third, eighteen hundred and sixty-three. for all the purposes of defence, transfer, appeahlerror, or limitation provided therein. But aczlg ggcr no such order shall, by force of this act, or the act to which this is an amendthe passage of {pent, pe a dlefence to an! iuxt or action for any act done or omitted to be this ect. one a ter the passage 0t is act. prgréipr, how I Sec. 2. And be itfuriher enacted, That when the said order is in writ- · lng, it shall he sufhclent to produce m evidence the original, with proof of 1ts authenticity, or a. certified copy of the same; or if sent by telegraph, thpcpigldgitzip ot: theftelegrarg purprptipg tohemunatc from feuch military ‘ prima acre evi ence 0 1 aut enucity · or i the orivinal afsuch okrdgrbor tglegrarp is lost or plannot be produced, hecondary evidence 1 reo s a e a missi e, as in other cases. Righig of rc- Sec. 3. dud be itfetrther enacted, That the right of removal from the m“{J“;md State court into the c1rcu1t_ court of the United States, provided in the Stmslcoum fifth section of the act to wh1ch tlus is amendatory, may be exercised after igféériay be the appearance of the defendant and the Hling of his plea or other defence ’ m sm court, or at any term of said court sulre uent to th t h the appearance is entered, and before a jury is tlempanmllgd tjirgpv th; 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 neces. spry in the btate court to offer or gxve surety for the filing of copies in tielcircuit court of the United States; but, on the filing of the petition, Sgppececidlipgpin wéegfged as prgvilded in said} fifth Section, the further proceedings in the ms 0 m· <30¤1‘ § a I cease, an not e resumed until a certificate under th ·,°'€;§0,,': 8,:8 seal of the circuit courtlof the United States, stating that the petitiouell has failed to file copies m the said circuit court, at the next term, is produced. acg¤§]¤<gg<€;¤¤  3: And be it further enacted,·That if the State court shall, notwu", Void_ wi nan mg·the· performance oft all thmgs required for the removal of the case to the Clfclllt court aforesaid, proceed further in said cause or prosecution hefore said certificate is produced, then, in that case, all such further proceedmgs shall be void and of none effect; and all parties, judges, officers, Damages apdl other persons, thenceforth proceeding thereunder, or by color thereof} · 2 a l he liable m damages therefor to the party aggrieved, to be recovered cguaptxpphing court of the State having proper jurisdiction, or in a circuit ma; I; Ge) n1ricddStateslfor th; dxstrictm which such further proceedings v cena orwerete ·t {H ~ - D bl ing, shalhbe found ;’ and upon a. re}:;vgr;of9il;.i1)1Idgel;8hP;i:li)e1;Sollwnixelllgé °¤ ° com- pnrggcplgnntjf grill tgcjentizled to double costs. . . n e at urt er enacted That it shall be the d t f h C, k { S t _ _ a _ u y o the comma ?,um?;h° clerk of lthe State cou1_t.to·furn1sh COPIES of the papers and (iles in the copies of papers, case to the party so petmomng for the removal ; and upon the refusal or &~=· neglect of the clerk to furnish such oo ie th ' p S, e saxd party may docket the