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Federal Judiciary Act of 1789, Section 33, Copy, circa 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–B]

Federal Judiciary Act of 1789, Section 33, Copy, circa 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–B]

Source Note

Federal Judiciary Act of 1789, Section 33, [
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, Hancock Co., IL], ca. 30 May 1844, U.S. v. Jeremiah Smith on Habeas Corpus–B (Nauvoo, IL, Municipal Court 1844); handwriting of
John Taylor

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland, England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodist church and was local preacher. Migrated ...

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; two pages; Nauvoo, IL, Records, CHL.

Historical Introduction

See Introduction to United States v. Jeremiah Smith, United States v. Jeremiah Smith on Habeas Corpus–A, and United States v. Jeremiah Smith on Habeas Corpus–B.

Page [1]

T. [Charles] B. Penrose
It is provided by the 33d Section of the act of September 24th. 1789
“That for any crime or offence against the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, the offender may, by any justice or judge of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, or by any Justice of the Peace, or other magistrate of any of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, where he may be found agreably to the usual mode of
process

The means of accomplishing a thing; specifically, a writ or other judicial means by which a defendant is brought into court to answer charges.

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against offenders in such state & at the expense of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, be arrested, & imprisoned, or bailed as the case may be, for trial before such court of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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as by this act has cognizance of the offence; & copies of the process shall be returned as speedily as may be into the Clerks office of such Court, together with the
recognizances

“An obligation of record . . . to do some act required by law,” such as “to keep the peace, to pay a debt, or the like.” Recognizance is “somewhat like an ordinary bond, the difference being that a bond is the creation of a fresh debt, or obligation de novo...

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of the witnesses, for their appearance to testify in the case; which recognizances the magistrate before whom the examination shall be, may require on pain of imprisonment. and if such commitment of the offender, or the witnesses shall be in a district other than that in which the offence is to be tried, it shall be the duty of the Judge of that District where the delinquent is imprisoned, season [p. [1]]
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Editorial Title
Federal Judiciary Act of 1789, Section 33, Copy, circa 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–B]
ID #
10649
Total Pages
2
Print Volume Location
Handwriting on This Page
  • John Taylor

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