History, 1838–1856, volume D-1 [1 August 1842–1 July 1843]

  • Source Note
  • Historical Introduction
Page 1417
image
<​November 14​> per mile; and upon sufficient security given to pay the charges of carrying him, her, or them back, if he she or they shall be remanded, make return of such Writ, and bring or cause to be brought, the body or bodies of the Prisoner or Prisoners, before the Municipal Court forthwith, and certify the true cause of his, her or their imprisonment unless the commitment of such person or persons shall be to the County Jail, in in which case the time shall be prolonged till five days after the delivery of the Writ as aforesaid, and not longer. [HC 5:186] Provided nevertheless, that in case any person or persons may at any time hereafter be taken and lodged in the or Jail, under any Writ or process, as provided by the City Charter of the City of , and shall require a writ of Habeas Corpus to issue, to bring him, her or them before the Municipal Court of said , said Writ shall issue to bring him, her, or them before said Court, and be directed to the City to be served upon the person or persons in whose Custody such Prisoner or Prisoners may then be detained.
Section 2. Where any Person or Persons not being committed or detained for any criminal or supposed criminal matter, shall be confined, or restrained of his her or their liberty, under any color or pretence whatever, he she or they may apply for a writ of Habeas Corpus, as aforesaid, which application shall be in writing signed by the Party, or some person on his, her or their behalf, setting forth the facts concerning his her or their imprisonment, and wherein the—— illegality of such imprisonment consists, and in whose custody he she or they are detained; which application or Petition shall be verified by the Oath or affirmation of the party applying or some other Person on his, her, or their behalf; if the confinement or restraint is by virtue of any Judicial Writ, or Process, or Order, a copy thereof shall be annexed thereto or an affidavit made that the same had been demanded and refused: the same proceedings shall there-upon be had in all aspects as are directed in the preceding section, and any Officer, person, or persons, knowing that he or they have an illegal Writ or not having any Writ, who shall attempt— through any false pretext, to take or intimidate any of the inhabitants of this through such pretext, shall forfeit for every such offence a sum not exceeding one thousand Dollars. nor less than five hundred Dollars, or in case of failure to pay such forfeiture, to be imprisoned not more than twelve Months nor less than six Months.
Section 3 Upon the return of the Writ of Habeas Corpus, a day shall be set for the hearing of the Cause of imprisonment or detainer, not exceeding five days thereafter unless the Prisoner or Prisoners shall request a longer time.
The said Prisoner or Prisoners may deny any of the material facts set forth in the return, or may allege any fact to shew; either that the imprisonment or detention is unlawful or that he, she, or they is or are then entitled to his her or their discharge, which allegations or denials, shall be made on Oath.
The said return may be amended by leave of the Court, before or after the same is filed, as also may all suggestions made against it that thereby material facts may be ascertained. The said Court shall proceed in a summary way to settle the said facts, by hearing the testimony and arguments as well of all parties interested civilly if any there be as of the Prisoner, or Prisoners and [p. 1417]
November 14 per mile; and upon sufficient security given to pay the charges of carrying him, her, or them back, if he she or they shall be remanded, make return of such Writ, and bring or cause to be brought, the body or bodies of the Prisoner or Prisoners, before the Municipal Court forthwith, and certify the true cause of his, her or their imprisonment unless the commitment of such person or persons shall be to the County Jail, in in which case the time shall be prolonged till five days after the delivery of the Writ as aforesaid, and not longer. [HC 5:186] Provided nevertheless, that in case any person or persons may at any time hereafter be taken and lodged in the or Jail, under any Writ or process, as provided by the City Charter of the City of , and shall require a writ of Habeas Corpus to issue, to bring him, her or them before the Municipal Court of said , said Writ shall issue to bring him, her, or them before said Court, and be directed to the City to be served upon the person or persons in whose Custody such Prisoner or Prisoners may then be detained.
Section 2. Where any Person or Persons not being committed or detained for any criminal or supposed criminal matter, shall be confined, or restrained of his her or their liberty, under any color or pretence whatever, he she or they may apply for a writ of Habeas Corpus, as aforesaid, which application shall be in writing signed by the Party, or some person on his, her or their behalf, setting forth the facts concerning his her or their imprisonment, and wherein the—— illegality of such imprisonment consists, and in whose custody he she or they are detained; which application or Petition shall be verified by the Oath or affirmation of the party applying or some other Person on his, her, or their behalf; if the confinement or restraint is by virtue of any Judicial Writ, or Process, or Order, a copy thereof shall be annexed thereto or an affidavit made that the same had been demanded and refused: the same proceedings shall there-upon be had in all aspects as are directed in the preceding section, and any Officer, person, or persons, knowing that he or they have an illegal Writ or not having any Writ, who shall attempt— through any false pretext, to take or intimidate any of the inhabitants of this through such pretext, shall forfeit for every such offence a sum not exceeding one thousand Dollars. nor less than five hundred Dollars, or in case of failure to pay such forfeiture, to be imprisoned not more than twelve Months nor less than six Months.
Section 3 Upon the return of the Writ of Habeas Corpus, a day shall be set for the hearing of the Cause of imprisonment or detainer, not exceeding five days thereafter unless the Prisoner or Prisoners shall request a longer time.
The said Prisoner or Prisoners may deny any of the material facts set forth in the return, or may allege any fact to shew; either that the imprisonment or detention is unlawful or that he, she, or they is or are then entitled to his her or their discharge, which allegations or denials, shall be made on Oath.
The said return may be amended by leave of the Court, before or after the same is filed, as also may all suggestions made against it that thereby material facts may be ascertained. The said Court shall proceed in a summary way to settle the said facts, by hearing the testimony and arguments as well of all parties interested civilly if any there be as of the Prisoner, or Prisoners and [p. 1417]
Page 1417