Section 3 Persons prosecuted not entitled to object to the instance.

Provided also, that it shall not be competent to any private party in any action, suit, or proceeding instituted as aforesaid, to challenge or impugn the instance of or the title to defeud such action, suit, or proceeding, or the right or title of F1the appropriate Law Officer to raise and prosecute or to defend the same, upon any allegation that such authority (as aforesaid) has not been granted, or that evidence of such authority is not produced.