Nauvoo City Council Minute Book, 3 February 1841–8 February 1845

  • Source Note
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Ordinance, 8 August 1842
An Ordinance regulating the mode of proceeding in cases of Habeas Corpus, before the Municipal Court.
Sec. 1. Be it Ordained by the City Council of the City of , that in all cases, where any Person or Persons, shall at any time hereafter, be arrested, or under arrest in this , under any Writ or Process, and shall be brought before the Municipal Court of this , by virtue of a Writ of Habeas Corpus, the Court shall in every such Case have power and authority, and are hereby required to examine into the origin, validity, & legality of the Writ or Process, under which such arrest was made, & if it shall appear to the Court, upon sufficient testimony, that said Writ or Process was illegal or not legally issued, or did not proceed from proper authority, then the Court shall discharge the Prisoner from under <​said​> arrest, but if it shall appear to the Court that said Writ or Process had issued from proper authority, and was a legal Process, the Court shall then proceed and fully hear the merits of the case, upon which such arrest was made, upon such evidence as may be produced and sworn before said Court, & shall have power to adjourn the hearing, and also issue process from time to time, in their discretion, in order to procure the attendance of Witnesses, so that a fair & impartial trial, & decision may be obtained, in every such case.
Sec. 2. And be it further ordained, that if upon investigation it shall be proven before the Municipal Court, that the Writ or Process has been issued, either through private pique, malicious intent, religious or other persecution, falsehood, or misrepresentation, contrary to the constitution of this , or the constitution of the , the said Writ or Process shall be quashed & considered of no force or effect, & the Prisoner or Prisoners [p. 98]
Ordinance, 8 August 1842
An Ordinance regulating the mode of proceeding in cases of Habeas Corpus, before the Municipal Court.
Sec. 1. Be it Ordained by the City Council of the City of , that in all cases, where any Person or Persons, shall at any time hereafter, be arrested, or under arrest in this , under any Writ or Process, and shall be brought before the Municipal Court of this , by virtue of a Writ of Habeas Corpus, the Court shall in every such Case have power and authority, and are hereby required to examine into the origin, validity, & legality of the Writ or Process, under which such arrest was made, & if it shall appear to the Court, upon sufficient testimony, that said Writ or Process was illegal or not legally issued, or did not proceed from proper authority, then the Court shall discharge the Prisoner from under said arrest, but if it shall appear to the Court that said Writ or Process had issued from proper authority, and was a legal Process, the Court shall then proceed and fully hear the merits of the case, upon which such arrest was made, upon such evidence as may be produced and sworn before said Court, & shall have power to adjourn the hearing, and also issue process from time to time, in their discretion, in order to procure the attendance of Witnesses, so that a fair & impartial trial, & decision may be obtained, in every such case.
Sec. 2. And be it further ordained, that if upon investigation it shall be proven before the Municipal Court, that the Writ or Process has been issued, either through private pique, malicious intent, religious or other persecution, falsehood, or misrepresentation, contrary to the constitution of this , or the constitution of the , the said Writ or Process shall be quashed & considered of no force or effect, & the Prisoner or Prisoners [p. 98]
Page 98