Ordinance, 14 November 1842

  • Source Note
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the said Writ shall by any Person be served upon the Sheriff, Jailor, 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 deputies shall, upon payment or tender of the charges of bringing the said Prisoner or Prisoners, to be ascertained by the Court awarding the said Writ, & indorsed thereon, not exceeding ten cents per mile; & 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, & bring, or cause to be brought, the Body or Bodies of the Prisoner or Prisoners before the Municipal Court forthwith, & 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. Provided, nevertheless, that in case any Person or persons may at any time hereafter be taken & lodged in the city or county Jail, under any Writ or process, as provided by the City Charter of the City of , & 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, & 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 [p. 121]
the said Writ shall by any Person be served upon the Sheriff, Jailor, 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 deputies shall, upon payment or tender of the charges of bringing the said Prisoner or Prisoners, to be ascertained by the Court awarding the said Writ, & indorsed thereon, not exceeding ten cents per mile; & 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, & bring, or cause to be brought, the Body or Bodies of the Prisoner or Prisoners before the Municipal Court forthwith, & 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. Provided, nevertheless, that in case any Person or persons may at any time hereafter be taken & lodged in the city or county Jail, under any Writ or process, as provided by the City Charter of the City of , & 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, & 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 [p. 121]
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