Ordinance, 14 November 1842, as Published in the Wasp

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An Ordinance regulating the proceedings on Writs of .
Sec. 1. Be it ordained by the City Council of the City of , that if any person or persons shall be or stand committed, or detained for any criminal or supposed criminal matter, it shall and may be lawful for him, her, or them to apply to the Muncipal Court, when in sessson, or to the Clerk thereof, in , for a Writ of Habeas Corpus, which application shall be in writing, and signed by the prisoner, or some person on his, her, or their behalf, setting forth the facts concerning, his, her, or their imprisonment, and in whose custody he, she, or they are detained, and shall be accompanied by a copy of the warrant or warrants of commitment, or an affidavit that the said copy had been demanded of the person or persons in whose custody the prisoner or prisoners are detained, and by him or them refused or neglected to be given; the said court or clerk to whom the application shall be made, shall forthwith award the said Writ of Habeas Corpus, unless it shall appear from the petition itself, or from the documents annexed that the party can neither be discharged nor admitted to bail, nor in any other manner relieved. Which said writ shall be issued under the hand of the clerk, and the seal of the court; which seal may be a written one, until another shall be obtained, and shall be in the following words, to wit: ‘Seal of the Municipal Court of the city of ,’ and said writ shall be in substance as follows, to wit:
State of Illinois,) sct. [scilicet]
City of ,)
The people of the State of , to the Marshal of said , Greeting;
Whereas application has been made before the Municipal Court of said that the body (or bodies) of A. B. &c., is or are in the custody of C. D. &c. of &c.
These are therefore to command the said C. D. &c. of &c. to safely have the body (or bodies) of said A. B. &c, in his custody detained as it is said, together with the day and cause of his (her or their) caption and detention, by whatsoever name the said A. B. &c., may be known or called, before the Muncipal Court of said , forthwith, to abide such order as the said court shall make in this behalf, and further, if the said C. D. &c., or other person or persons having said A. B. &c., in custody, shall refuse or neglect to comply with the provisions of this writ, you, the Marshal of said , or other person authorized to serve the same, are hereby required to arrest the person or persons so refusing or neglecting to comply as aforesaid, and bring him or them, together with the person or persons in his or their custody, forthwith, before the Muncipal Court aforesaid, to be dealt with according to law; and herein fail not, and bring this writ with you.
Witness Clerk of the Municipal Court, at , this [blank] day of [blank] in the year of our Lord one thousand eight hundred and [blank].
, Clerk.
and be directed to the city Marshal, and shall be served by delivering a copy thereof to the person or persons in whose custody the prisoner or prisoners are detained, and said writ shall be made returnable forthwith and the form and substance thereof, as hereinsetforth, and be taken and considered as part and parcel of this ordinance; to the intent that no officer, sheriff, jailor, keeper, or other person, or persons, upon whom such writ shall be served, may pretend ignorance thereof, every such writ and copy thereof served shall be endorsed with these words, ‘by the habeas corpus act;’ and whenever the said writ shall by any person be served upon the sheriff, jailer, keeper, or other person or persons whomsoever, holding said prisoner or prisoners or being brought to him or them, or being served upon any of his or their under officers or deputies at the jail, or place where the prisoner or prisoners are detained, he or they or some of his or their under officers or depduties shall, upon payment or tender of the charges of bringing the said prisoner or prisoners, to be ascertained [b]y the Court awarding the said writ, and indorsed thereon, not exceeding ten cents 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 improvement, 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 foresaid, and not longer. Provided, nevertheless, that in case any person or persons may at any time hereafter be taken and lodged in the city or county 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 Muncipal Court of said , said writ shall issue to bring him, her, or them before said court, and be directed to the city Marshal to be served upon the person or persons in whose custody such prisoner or prisoners may then be detained.
Sec. 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 proceeding shall thereupon be had in all respects, as are directed in the preceeding 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 exceedceeding 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.
Sec. 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 alledge 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 the person or persons who holds him, her, or them in custody, and shall dispose of the prisoner or prisoners as the case may require. If it appear that the prisoner or prisoners are in custody by virtue of process from any court, legally constituted, he, she, or they can be discharged for the following causes: First, where the court has exceeded the limits of its jurisdiction, either as to the matter, place, sum, person, or persons; second, where though the original imprisonment was lawful, yet by some act; omission, or event which has subsequently taken place, the party has become entitled to his, her, or their discharge; Third where the process is defective in some substanial form required by law; Fourth, where the process though in proper form has been issued in a case, or under circumstances where the law does not allow process, or orders for imprisonment or arrest, to issue; F[i]fth, where, although in proper form, the process has been issuied or executed by a person or persons, either authorized to issue or execute the same, or where the person or persons having the custody of the prisoner or prisoners under such process is not the person or persons empowered by law to detain him, her, or them; Sixth, where the process appears to have been obtained by false pretense or bribery; Seventh, where there is no general law, nor any judgment, order, or decree of a [court, to authorize the process, if in] a civil suit, nor any conviction, if in a criminal proceeding. In all cases where the imprisonment is for a criminal or supposed criminal matter, if it shall appear to the said court that there is a sufficient legal cause for the commitment of the prisoner or prisoners, although such commitment may have been informally made, or without due authority, or the process may have been executed by a person or persons not duly authorized, the court shall make a new commitment, in proper form, and directed to the proper officer or officers, or admit the party to bail, if the case be bailable.
Sec. 4. When any person or persons shall be admitted to bail, on habeas corpus he, she or they shall enter into with one or more securities in such sum as the court shall direct, having regard to the circumstances of the prisoner or prisoners, and the nature of the offence, condititoned for his, her or their appearance at the next circuit court to be holden in and for the county where the offence was committed, or where the same is to be tried: where the court shall admit to bail, or remand any prisoner or prisoners brought before the court, on any writ of habeas corpus, it shall be the duty of said court to bind all such persons as do declare any thing material to prove the offence with which the prisoner or prisoners are charged, by recognizance, to appear at the proper court having cognizance of the offence, on the first day of the next term thereof, to give evidence touching the said offence, and not to depart the said court without leave: which recognizance, so taken, together with the recognizance entered into by the prisoner or prisoners when he, she, or they are admitted to bail, shall be certified and returned to the proper court on the first day of the next succeeding term thereof. If any such witness or witnesses shall neglect or refuse or enter into a recognizance as aforesaid, when thereunto required, it shall be lawful for the court to commit him, her, or them to jail until he, she, or they shall enter into such recognizance, or be otherwise discharged by due course of law; if the court shall neglect or refuse to bind any such witness or witnesses, prisoner or prisoners, by recogizance as aforesaid, or to return any such recognizance, when taken as aforesaid, the court shall be deemed guilty of a misdemeanour in office, and be proceeded against accordingly.
Sec. 5. Where any prisoner or prisoners brought up on a habeas corpus, shall be remanded to prison, it shall be the duty of the Muncipal Court remanding him, her, or them to make out and deliver to the sheriff or other person or persons to whose custody he, she, or they shall be remanded, an order in writing, stating the cause or causes of remanding him, her, or them. If such prisoner or prisoners shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff or other person or persons upon whom the same shall be served to return therewith the order aforesaid; and if it shall appear that the said prisoner or prisoners were remanded for an offence adjudged not bailable, it shall be taken and received as conclusive, and the prisoner or prisoners shall be remanded without further proceedings.
Sec. 6. It shall not be lawful for the Municipal Court on a second writ of habeas corpus obtained by such prisoner or prisoners to discharge the said prisoner or prisoners if he, she or they are proven guilty of the charges clearly and specif[ically charged in the warrant of commit] [p. [1]]
An Ordinance regulating the proceedings on Writs of .
Sec. 1. Be it ordained by the City Council of the City of , that if any person or persons shall be or stand committed, or detained for any criminal or supposed criminal matter, it shall and may be lawful for him, her, or them to apply to the Muncipal Court, when in sessson, or to the Clerk thereof, in , for a Writ of Habeas Corpus, which application shall be in writing, and signed by the prisoner, or some person on his, her, or their behalf, setting forth the facts concerning, his, her, or their imprisonment, and in whose custody he, she, or they are detained, and shall be accompanied by a copy of the warrant or warrants of commitment, or an affidavit that the said copy had been demanded of the person or persons in whose custody the prisoner or prisoners are detained, and by him or them refused or neglected to be given; the said court or clerk to whom the application shall be made, shall forthwith award the said Writ of Habeas Corpus, unless it shall appear from the petition itself, or from the documents annexed that the party can neither be discharged nor admitted to bail, nor in any other manner relieved. Which said writ shall be issued under the hand of the clerk, and the seal of the court; which seal may be a written one, until another shall be obtained, and shall be in the following words, to wit: ‘Seal of the Municipal Court of the city of ,’ and said writ shall be in substance as follows, to wit:
State of Illinois,) sct. [scilicet]
City of ,)
The people of the State of , to the Marshal of said , Greeting;
Whereas application has been made before the Municipal Court of said that the body (or bodies) of A. B. &c., is or are in the custody of C. D. &c. of &c.
These are therefore to command the said C. D. &c. of &c. to safely have the body (or bodies) of said A. B. &c, in his custody detained as it is said, together with the day and cause of his (her or their) caption and detention, by whatsoever name the said A. B. &c., may be known or called, before the Muncipal Court of said , forthwith, to abide such order as the said court shall make in this behalf, and further, if the said C. D. &c., or other person or persons having said A. B. &c., in custody, shall refuse or neglect to comply with the provisions of this writ, you, the Marshal of said , or other person authorized to serve the same, are hereby required to arrest the person or persons so refusing or neglecting to comply as aforesaid, and bring him or them, together with the person or persons in his or their custody, forthwith, before the Muncipal Court aforesaid, to be dealt with according to law; and herein fail not, and bring this writ with you.
Witness Clerk of the Municipal Court, at , this [blank] day of [blank] in the year of our Lord one thousand eight hundred and [blank].
, Clerk.
and be directed to the city Marshal, and shall be served by delivering a copy thereof to the person or persons in whose custody the prisoner or prisoners are detained, and said writ shall be made returnable forthwith and the form and substance thereof, as hereinsetforth, and be taken and considered as part and parcel of this ordinance; to the intent that no officer, sheriff, jailor, keeper, or other person, or persons, upon whom such writ shall be served, may pretend ignorance thereof, every such writ and copy thereof served shall be endorsed with these words, ‘by the habeas corpus act;’ and whenever the said writ shall by any person be served upon the sheriff, jailer, keeper, or other person or persons whomsoever, holding said prisoner or prisoners or being brought to him or them, or being served upon any of his or their under officers or deputies at the jail, or place where the prisoner or prisoners are detained, he or they or some of his or their under officers or depduties shall, upon payment or tender of the charges of bringing the said prisoner or prisoners, to be ascertained [b]y the Court awarding the said writ, and indorsed thereon, not exceeding ten cents 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 improvement, 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 foresaid, and not longer. Provided, nevertheless, that in case any person or persons may at any time hereafter be taken and lodged in the city or county 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 Muncipal Court of said , said writ shall issue to bring him, her, or them before said court, and be directed to the city Marshal to be served upon the person or persons in whose custody such prisoner or prisoners may then be detained.
Sec. 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 proceeding shall thereupon be had in all respects, as are directed in the preceeding 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 exceedceeding 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.
Sec. 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 alledge 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 the person or persons who holds him, her, or them in custody, and shall dispose of the prisoner or prisoners as the case may require. If it appear that the prisoner or prisoners are in custody by virtue of process from any court, legally constituted, he, she, or they can be discharged for the following causes: First, where the court has exceeded the limits of its jurisdiction, either as to the matter, place, sum, person, or persons; second, where though the original imprisonment was lawful, yet by some act; omission, or event which has subsequently taken place, the party has become entitled to his, her, or their discharge; Third where the process is defective in some substanial form required by law; Fourth, where the process though in proper form has been issued in a case, or under circumstances where the law does not allow process, or orders for imprisonment or arrest, to issue; Fifth, where, although in proper form, the process has been issuied or executed by a person or persons, either authorized to issue or execute the same, or where the person or persons having the custody of the prisoner or prisoners under such process is not the person or persons empowered by law to detain him, her, or them; Sixth, where the process appears to have been obtained by false pretense or bribery; Seventh, where there is no general law, nor any judgment, order, or decree of a [court, to authorize the process, if in] a civil suit, nor any conviction, if in a criminal proceeding. In all cases where the imprisonment is for a criminal or supposed criminal matter, if it shall appear to the said court that there is a sufficient legal cause for the commitment of the prisoner or prisoners, although such commitment may have been informally made, or without due authority, or the process may have been executed by a person or persons not duly authorized, the court shall make a new commitment, in proper form, and directed to the proper officer or officers, or admit the party to bail, if the case be bailable.
Sec. 4. When any person or persons shall be admitted to bail, on habeas corpus he, she or they shall enter into with one or more securities in such sum as the court shall direct, having regard to the circumstances of the prisoner or prisoners, and the nature of the offence, condititoned for his, her or their appearance at the next circuit court to be holden in and for the county where the offence was committed, or where the same is to be tried: where the court shall admit to bail, or remand any prisoner or prisoners brought before the court, on any writ of habeas corpus, it shall be the duty of said court to bind all such persons as do declare any thing material to prove the offence with which the prisoner or prisoners are charged, by recognizance, to appear at the proper court having cognizance of the offence, on the first day of the next term thereof, to give evidence touching the said offence, and not to depart the said court without leave: which recognizance, so taken, together with the recognizance entered into by the prisoner or prisoners when he, she, or they are admitted to bail, shall be certified and returned to the proper court on the first day of the next succeeding term thereof. If any such witness or witnesses shall neglect or refuse or enter into a recognizance as aforesaid, when thereunto required, it shall be lawful for the court to commit him, her, or them to jail until he, she, or they shall enter into such recognizance, or be otherwise discharged by due course of law; if the court shall neglect or refuse to bind any such witness or witnesses, prisoner or prisoners, by recogizance as aforesaid, or to return any such recognizance, when taken as aforesaid, the court shall be deemed guilty of a misdemeanour in office, and be proceeded against accordingly.
Sec. 5. Where any prisoner or prisoners brought up on a habeas corpus, shall be remanded to prison, it shall be the duty of the Muncipal Court remanding him, her, or them to make out and deliver to the sheriff or other person or persons to whose custody he, she, or they shall be remanded, an order in writing, stating the cause or causes of remanding him, her, or them. If such prisoner or prisoners shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff or other person or persons upon whom the same shall be served to return therewith the order aforesaid; and if it shall appear that the said prisoner or prisoners were remanded for an offence adjudged not bailable, it shall be taken and received as conclusive, and the prisoner or prisoners shall be remanded without further proceedings.
Sec. 6. It shall not be lawful for the Municipal Court on a second writ of habeas corpus obtained by such prisoner or prisoners to discharge the said prisoner or prisoners if he, she or they are proven guilty of the charges clearly and specifically charged in the warrant of commit [p. [1]]
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