Page:United States Statutes at Large Volume 48 Part 1.djvu/1203

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73d CONGRESS . SESS. II. CHS. 672, 673. JUNE 19, 1932.

1177 forfeiture ; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may have testi- fied or produced any documentary evidence : Provided, That no person so testifying shall be exempted from prosecution or punish- ment for perjury : Provided further, That the immunity hereby to lnmur ualpers xtended conferred shall extend only to a natural person who, in obedience to a su bpena, gives testi mony u nder o ath or produc es evi dence, docu- mentary or otherwise, under oath . SEC. 3 . CONSTITUTIONALITY .-Should any section or provision of this Ac t be d ecided by th e cour ts to be unco nstitu tional or in valid, the validity of the Act as a whole or of any part thereof other than the ~a , rt decided to be unconstitutional shall not be affected . SEC. 4 . 1 EPEALS .-All laws or parts of laws, insofar as they relate to life insurance companies and the conduct of life insurance busi- ness, and in conflict with any of the provisions of this Act, are hereby repealed . SEC . 5. EFFECTIVE DATE OF ACT.-This Act shall become effective immediately upon passage and approval . Approved, June 19, 1934 . [CHAPTER 673 .] Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That section 766 of the Revised Statutes, as amended, be, and it is hereby, further amended so as to re ad as follow s " Pending the proceedings or appeal in the cases mentioned in the three preceding sections, and until final judgment therein, and after final judgment of discharge, any proceeding against the person so imprisoned and confined or restrained of his liberty, in any State court, or by or under the authority of any State, for any matter so heard and determined, or in process of being heard and determined, under such writ of habeas corpus, may be stayed by a judge of any court of the United States in which are pending any such proceed- ings or appeal . After the granting of such a stay any such proceeding in any State court, or by or under the authority of any State , sub seque nt t heret o pen ding the final adju dica tion of su ch habeas corpus proceedings in the court of the United States shall be deemed null and void . If no such stay is granted, any such proceeding in any State court, or by or under the authority of any State, shall be as valid and of as full force and effect as if no proceed ings o r appe al in the ca ses me ntioned in th e thre e prec eding sections were pending in any court of the United States . No such appeal shall be had or allowed unless taken within three months after the date of the judgment or order complained of . Any proceeding, except final judgment or execution thereof, heretofore taken in any State court, or by or under the authority of any State, for any matter heard and determined, or in process of being heard and determined, in any proceeding or appeal in the cases mentioned in the three preceding sections now pending in any court of the United States, shall be as valid and of as full force and effect as if no such proceedings or appeal had been pending in any court of the United States at the time such proceeding was taken ." Approved, June 19, 1934 . Proviso. Perjury. Cons titut iona lity . Repeals. Effective date . United States courts . R .S ., sec. 766, p. 144. U.S.C.,p. 914. Habeas corpus . Stay of proceedings during pendency of ac- tion in State court. Appeals. AN ACT June 19, 1934 . To a mend secti on 766 of the Revise d Statutes , as amend ed . [H.R. 9547.] [Public, No. 437 .]