Page:United States Statutes at Large Volume 15.djvu/275

 FORTIETH CONGRESS. Sess. II. Ch. 276. 1868. 243 CHAP. CCLXXYI.-An Act regulating Judicial Proceedings in certain Cases, fyr the July 27,1968- Protection ¢y"_O_§tccrs and Agents of the Govcrnmengund for the better De/ence of the ____`•_°_` Treasury agamst unlawful Claims. Bc it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the provisions of sec- I’*<>**¤<>*l<>1¤ extion eight of the act of July twenty-eight, eighteen hundred and sixty-six, ff;,d;d8t§,§f£»°€Q; entitled "An act to protect the revenue, and for other purposes," and the goveriiiment in forms and modes by that section and the twelfth section of the act of Sims Ytgmnss March three, eighteen hundred and sixty-three, therein referred to, pre- ggzrgdgiizéiho scribed for prosecuting suits, withholding executions, and paying judg— rebellion by Vi¤‘— ments against officers of the United States, or other persons engaged in  °f mw °f' executing the acts relative to captured and abandoned property, shall ex- 186d, ch.298, ts. tend and be applied to all suits and proceedings (except those in behalf of V9l· Xg1V5R- gg the United States) which have been brought, or may hereafter be brought, ldigfid SK %41: against any officer or agent of the government, civil or military, for acts done during the rebellion while acting by virtue or under color of his office or employment; and every defendant in such suit or proceeding having made full defence thereto, and having notified the Attorney-Gem eral of the United States to appear and defend the same, shall be entitled to the full benefit and protection provided in said section for officers and agents of the government engaged in the collection of the public revenue ; and any defendant being aggrieved by any order or direction, certificate, Right of upruling, or judgment of any court made or had in any such proceeding, ?’$;*‘L1;°él;3r§*;. may except thereto and appeal therefrom to the Supreme Court of the 5,., United United States, and have the questions arising there heard and deter- Statesmined. Sicc. 2. And be it further enacted, That no action or suit shall be No Spittqbe maintained in any court of the United States, or of any State thereof, m in the name or in the behalf or interest of any alien, against the United States or Stats States, or any person, for or on account of any act done or omitted to be ggugggsrugggt done by such person as an officer or agent of the United States, in the the Um,,,,? administration of the act of Congress entitled "An act to provide for the States or any collection of abandoned property and for the prevention of frauds in in- §g;*§Q¤;°'8‘;Qf' surrectionary districts within the United States," approved March twelve, under cdrtain eighteen hundred and sixty-three, or of the act of Congress entitled “An *;ggSé°"lC°{‘g°s°· act in addition to the several acts concerning commercial intercourse be- volf  p_ g2g_ tween loyal and insurrectionary States, and to provide for the collection 1864,_o_h. 225; of captured and abandoned property, and the prevention of frauds in V°l·x‘“‘p‘3‘5‘ States declared in insurrection," approved July two, eighteen hundred and sixty-four, or in virtue or under color of the acts of Congress aforesaid, or any other acts of Congress relativg to the said insurrcctioplary States, or Whatmy be to uersons or ro ert therein; an to any action or suit w ic 1 may ave _. bedn heretofoiiiz, dr sldlall hereafter bc, instituted by any alien against the gigugfglliis Shri;. United States, or any such person as aforesaid, on account of any act done or omitted to be done as aforesaid, the defendant may and shall plead or allege in bar thereof, that such act was done, or omitted to be done, in the administration of one of the acts of Congress aforesaid, or in virtue or under color thereof, and such plea or allegation, if the fact be sustained by the proofi shall be, and shall be deemed and adjudged in law to be, a complete and conclusive bar to any such suit or action: Provided, That this section shall not be construed so as to deprive aliens who are Certain ¤li¢¤¤ citizens or subjects of any government which accords to citizens of the gfgmgrggilgggg United States the right to prosecute claims against such government in Fhsuntmdsmss its courts, of the privilege of prosecuting claims against the United States gL£:S°°¤*‘i °f in the court of claims, as now provided by law. ` Sec. 3. And be iyfurther enacted, That it is hereby declared to have been the true intent and meaning of the act approved Mardi twelfth, 1863, cb. 120. . . · · Vol. xn. . 820. eighteen hundred and sixty-three, entitled "An act to provide for the col- Remedvpgivcn lection of abandoned property and for the prevention of frauds in insur- by ,,,,t;,,`c,,w,