Page:United States Statutes at Large Volume 14.djvu/415

THlR'I`Y—NINTH CONGRESS. Sess. II. Ch. 26, 27, 28. 1867. 385 or demand, or any part thereof; has or has not already been allowed or paper has or has pim]; or, if any person shall present or use or attempt to use any such ¤°*b°°“ 5** P$°d· . . or such clmm document, record, file, or paper, so taken and carried away m order to has pi. ppp poi procure the payment of any money from or by the United States, or any been so allowed. officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States; such penalty {0;- person, so offending, shall be deemed guilty of felony, and on conviction ;1;i¤%_<>¤;;· be imprisoned not more than ten years, or fined not exceeding five thou- usglpaglf such sand dollars, at the discretion of the court. paper. Approved, February 5, 1867. CHAP. XXVII. - An Act amendatory of "An Act to amend an Act entitled ‘An Act Feb_ 5 1867. relating to Habms Corpus, and requlating judicial Proceedings in certain Cases,"' ap- ——¥-·-·· proved May eleventh, eighteen hundred and sixty-six. Efggv 4?‘ Be it enacted by the Senate and House of Representatives of the United States of Amer2`ca in Congress assembled, That whenever in any suit or }Vhen in any prosecution which has been or may be commenced in any State court, and gizzebggsgt QD; which the defendant is authorized to have removed from said court to the miiovsd to the circuit court of the United States, under and by virtue of the provisions ¤ir¤¤iY _¢<>¤f* ¤f of "An act relating to habeas corpus, and regulating judicial proceedings ggignfgg d6_ in certain cases," approved March third, eighteen hundred and sixty- remiinie; is in three, or by virtue of an act amendatory thereof, approved May eleventh, *‘°*;“} €h“Sg>?5g eighteen hundred and sixty-six, and all the acts necessary for the removal piilppzspi eihpa e of said cause to the circuit court shall have been performed, and the de- clerk of the cirfendant in any suit shall be in actual custody on process issued by said ggé °;“i§;if;‘;;1 State court, it shall be the duty of the clerk of the said circuit court of corpus cum wuthe United States to issue a writ of habeas corpus cum causa; and it ¤=¢· shall be the duty of the marshal, by virtue of the said writ of habeas V;§6;iflp_%5_ corpus, to take the body of the defendant into his custody to be dealt Proceedings with in said circuit court `according to rules of law, and the orders of the '°h*;`p;‘;“i_nm_shui said court, or of any judge thereof in vacation ; and he shall file a dupli- ipmkepiipbpdyi cate copy of said writ of habeas corpus with the clerk of the State court to tile dupliin which said suit was commenced, or deliver said duplicate to the clerk €i‘;;"ci’é°£{Y0`*Q"3;° of said court; and all attachments made, and all bail and other security sms wm, given in any suit or prosecution which has been or shall be removed from b fi*§;°h;¤€¤**'·» any State court to the circuit court of the United States, in pursuance of time fp i9pE°u` law, shall be and continue in like force and effect as if the same suit had force. proceeded to final judgment and execution in the State court. Approved, February 5, 1867. CHAP. XXVIII.-An Act to amend "An Act to establish the judicial Courts of the Feb. 5, 1867. United States," approved September twenty;/ourth, seventeen hundred and eziq/tty-nine. ' Be it enacted by the Senate and House tf Representatives of the United li; " p‘ 73;, States of America in Congress assembled, That the several courts of the Sec vsnl? °`°` United States, and the several justices and judges of such courts, within Sikgcxugégid their respective jurisdictions, in addition to the authority already conferred judges, i,, ,,,§di_ by law, shall have power to grant writs of habeas corpus in all cases ¤i<>¤ ¤¤_pr¤S¤¤¤ where any person may be restrained of his or her liberty in violation of the constitution, or of any treaty or law of the United States; and it shall beas corpus in he lawful for such person so restrained of his or her liberty to apply to °°¥“i” **5%- . . . . . . . . roceedings either of said justices or judges for a writ of habeas corpus, which applica- ip pppiippiipps tion shall be in writing and verified by affidavit, and shall set forth the for the writ. facts concerning the detention of the party applying, in whose custody he or she is detained, and by virtue of what claim or authority, if known; and the said justice or judge to whom such application shall be made The wiiiippp shall forthwith award a. writ of habeas corpus, unless it shall appear from awarded forththe petition itself that the party is not deprived of his or her liberty in WM-““l“s· &°· v01,. xiv. 25