Chap. 72.—An ACT to give effect to certain Acts, Contracts and Proceed-
ings during the late War.

Passed February 28, 1866.

Whereas a convention, assembled in the city of Richmond,
did, on the seventeenth day of April, eighteen hundred and
sixty-one, adopt an ordinance declaring the Union, between
the state of Virginia and the other states, to be dissolved, as
of that day; from which time, an authority was maintained
in said city, which claimed to be the government of Virginia,
and actually exercised, over much the greater part of the
state, all the powers and functions of a government of the
state of Virginia, until it was overthrown and suppressed by
the military forces of the United States, in April, eighteen
hundred and sixty-five: and whereas, in the interval which
necessarily occurred between the overthrow of the said gov-
ernment and the actual establishment, in the several counties
and corporations, of authority under the present state gov-
ernment, many acts were probably done by persons who had
been officers of the said government, and also by individuals,
as before the said government was suppressed: and whereas
there also existed an organization, known as the Confederate
States of America, which, for the greater part of the same
period, claimed certain rights of government over the people
of Virginia, and actually exercised the same throughout much
the greater part of the state: and whereas doubts may arise
whether any, and what acts, contracts and proceedings done,
made and had, and whether any, and what rights and titles
acquired, under the authority, or supposed authority of the
said governments, or either of them, are valid and effectual :
Now, therefore, for the better protection of the people, and
for preventing and settling such doubts,

1. Be it enacted by the general assembly, That all con-
tracts and agreements, of every kind and nature whatsoever,
whether executory or executed; all marriages, and all acts
and proceedings whatsoever, made, done or had, and all rights
and titles of every kind and nature whatsoever, accrued to
or acquired by any person, under the authority of either of
the governments aforesaid, or of any law established or re-
cognized thereby, or of any department or officer thereof, or
of any person exercising authority under the same, in any
way, while said governments respectively existed as afore-
said, and not inconsistent with the constitution or laws of
the United States, or with the constitution of this state, and
all such contracts and other acts and proceedings made, done
or had, and rights and titles acquired by any person, under
the authority of the said state government, or of the laws
established or recognized thereby, or of any department or
officer thereof, or of any person exercising authority under
the same in any way, in any county or corporation, during
the interval between the suppression of said state govern-
ment and the actual establishment in such county or corpo-
ration, of authority under the present state government, shall
be held and taken to be, and to have been, at all times, of the
same force, virtue and effect, in all respects, and none other,
as if no question had ever been made as to the lawful autho-
ritv of the said governments, or either of them.

2, No person, Who may have been in the civil or military
service, or In any way acting under the control, direction or
authority of either of said governments, or of any depart-
ment or officer thereof, civil or military, or of any law estab-
lished or recognized thereby, shall be held liable, civilly or
criminally, for any damages, or for any pain, penalty or
forfeiture, or in any other mauner whatsoever, for any act of
any kind done in the prosecution of the late war with the
United States: but every lability for every such act 1s hereby
fully and completely released, acquitted and discharged; and
no person whatsoever, acting as aforesaid, shall be held liable,
civilly or criminally, for any damages, or for any pain, pen-
alty or forfeiture, or in any other manner whatsoever, for
any other act done under any such direction or authority as
is hereinbefore mentioned: provided such act was not incon-
sistent with the constitution or laws of the United States, or
with the constitution of this state; but every liability for
any such act is hereby fully and completely released, acquitted
and discharged. But nothing herein shall be construed to
bar any action or prosecution, or to release any liability, on
account of any abuse or illegal execution of any such autho-
rity; nor shall any order or permission, given without autho-
rity of the laws established or recognized by said governments,
or either of them, protect any person from action or prose-
eution, or any other liability, for any illegal act done, or
alleged to be done under the same.

3. All judyements, dcerees, orders and other proceedings
rendered, made or had by any court, judge or justice of the
peace, acting under anthority of said state government, or of
any law established or recognized thereby; and all acts and
ordinances of any municipal corporation; and all acts of any
Incorporated company enacted or done under such authority ;
and all aets done by any sheritf, sergeant, clerk, constable,
commissioner or other officer, or by any other person, in
obedience to, or by authority of any such judgment, decree,
order, proceeding, ordinance or other act; and all other acts
and procecdings of any ofticer of the state, or of any county
or corporation, done or had by authority of said state gov-
ernment, or of any law established or recognized thereby,
shall, if the same be not inconsistent with the constitution or
laws of the United States, or with the constitution of this
state, be held to have, and to have bad, at all times, the same
force, virtue and effect, and no other, as if no question had
been made as to the lawful authority of the said state gov-
ernment; and whether the same were rendered, made, had
or done while the said state government was in existence and
operation, or in the interval which elapsed between its sup-
pression and the actual establishment of authority under the
present government, in the county or corporation where the
same took place.

4. All such judgments, decrees, orders and other judicial
proceedings as are mentioned in the last foregoing section,
shall be subject to revision and correction, by appeal, writ of
error, bill of review or otherwise, as 1f they had been ren-
dered or had under the authority of the present government.
All acts and proceedings of courts and judges, in term or in
vacation, of justices of the peace, of clerks of courts, and of
all other officers and all other persons exercising authority
under the said state government, which were not completed
and ended under said government, and which are not incon-
sistent with the constitution and laws of the United States
or of this state, may be proceeded with and completed as if
they had been commenced under the present government,
and shall have the like force and effect: and anything here-
tofore done towards continuing and completing any such acts
and proceedings, shall have the same force and effect as if
done after the passage of this act.

). This act shall be in force from its passage.

Chap. 72.—An ACT to give effect to certain Acts, Contracts and Proceed-
ings during the late War.

Passed February 28, 1866.

Whereas a convention, assembled in the city of Richmond,
did, on the seventeenth day of April, eighteen hundred and
sixty-one, adopt an ordinance declaring the Union, between
the state of Virginia and the other states, to be dissolved, as
of that day; from which time, an authority was maintained
in said city, which claimed to be the government of Virginia,
and actually exercised, over much the greater part of the
state, all the powers and functions of a government of the
state of Virginia, until it was overthrown and suppressed by
the military forces of the United States, in April, eighteen
hundred and sixty-five: and whereas, in the interval which
necessarily occurred between the overthrow of the said gov-
ernment and the actual establishment, in the several counties
and corporations, of authority under the present state gov-
ernment, many acts were probably done by persons who had
been officers of the said government, and also by individuals,
as before the said government was suppressed: and whereas
there also existed an organization, known as the Confederate
States of America, which, for the greater part of the same
period, claimed certain rights of government over the people
of Virginia, and actually exercised the same throughout much
the greater part of the state: and whereas doubts may arise
whether any, and what acts, contracts and proceedings done,
made and had, and whether any, and what rights and titles
acquired, under the authority, or supposed authority of the
said governments, or either of them, are valid and effectual :
Now, therefore, for the better protection of the people, and
for preventing and settling such doubts,

1. Be it enacted by the general assembly, That all con-
tracts and agreements, of every kind and nature whatsoever,
whether executory or executed; all marriages, and all acts
and proceedings whatsoever, made, done or had, and all rights
and titles of every kind and nature whatsoever, accrued to
or acquired by any person, under the authority of either of
the governments aforesaid, or of any law established or re-
cognized thereby, or of any department or officer thereof, or
of any person exercising authority under the same, in any
way, while said governments respectively existed as afore-
said, and not inconsistent with the constitution or laws of
the United States, or with the constitution of this state, and
all such contracts and other acts and proceedings made, done
or had, and rights and titles acquired by any person, under
the authority of the said state government, or of the laws
established or recognized thereby, or of any department or
officer thereof, or of any person exercising authority under
the same in any way, in any county or corporation, during
the interval between the suppression of said state govern-
ment and the actual establishment in such county or corpo-
ration, of authority under the present state government, shall
be held and taken to be, and to have been, at all times, of the
same force, virtue and effect, in all respects, and none other,
as if no question had ever been made as to the lawful autho-
ritv of the said governments, or either of them.

2, No person, Who may have been in the civil or military
service, or In any way acting under the control, direction or
authority of either of said governments, or of any depart-
ment or officer thereof, civil or military, or of any law estab-
lished or recognized thereby, shall be held liable, civilly or
criminally, for any damages, or for any pain, penalty or
forfeiture, or in any other mauner whatsoever, for any act of
any kind done in the prosecution of the late war with the
United States: but every lability for every such act 1s hereby
fully and completely released, acquitted and discharged; and
no person whatsoever, acting as aforesaid, shall be held liable,
civilly or criminally, for any damages, or for any pain, pen-
alty or forfeiture, or in any other manner whatsoever, for
any other act done under any such direction or authority as
is hereinbefore mentioned: provided such act was not incon-
sistent with the constitution or laws of the United States, or
with the constitution of this state; but every liability for
any such act is hereby fully and completely released, acquitted
and discharged. But nothing herein shall be construed to
bar any action or prosecution, or to release any liability, on
account of any abuse or illegal execution of any such autho-
rity; nor shall any order or permission, given without autho-
rity of the laws established or recognized by said governments,
or either of them, protect any person from action or prose-
eution, or any other liability, for any illegal act done, or
alleged to be done under the same.

3. All judyements, dcerees, orders and other proceedings
rendered, made or had by any court, judge or justice of the
peace, acting under anthority of said state government, or of
any law established or recognized thereby; and all acts and
ordinances of any municipal corporation; and all acts of any
Incorporated company enacted or done under such authority ;
and all aets done by any sheritf, sergeant, clerk, constable,
commissioner or other officer, or by any other person, in
obedience to, or by authority of any such judgment, decree,
order, proceeding, ordinance or other act; and all other acts
and procecdings of any ofticer of the state, or of any county
or corporation, done or had by authority of said state gov-
ernment, or of any law established or recognized thereby,
shall, if the same be not inconsistent with the constitution or
laws of the United States, or with the constitution of this
state, be held to have, and to have bad, at all times, the same
force, virtue and effect, and no other, as if no question had
been made as to the lawful authority of the said state gov-
ernment; and whether the same were rendered, made, had
or done while the said state government was in existence and
operation, or in the interval which elapsed between its sup-
pression and the actual establishment of authority under the
present government, in the county or corporation where the
same took place.

4. All such judgments, decrees, orders and other judicial
proceedings as are mentioned in the last foregoing section,
shall be subject to revision and correction, by appeal, writ of
error, bill of review or otherwise, as 1f they had been ren-
dered or had under the authority of the present government.
All acts and proceedings of courts and judges, in term or in
vacation, of justices of the peace, of clerks of courts, and of
all other officers and all other persons exercising authority
under the said state government, which were not completed
and ended under said government, and which are not incon-
sistent with the constitution and laws of the United States
or of this state, may be proceeded with and completed as if
they had been commenced under the present government,
and shall have the like force and effect: and anything here-
tofore done towards continuing and completing any such acts
and proceedings, shall have the same force and effect as if
done after the passage of this act.

). This act shall be in force from its passage.