Ordinance, 8 August 1842, Draft

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A<​n​> Bill <​Ordinance​> regulating the mode of proceeding, in Cases of Habeus 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 Habeus Corpus, the Court shall in every such Case have power and Authority, and are hereby required to examine into the Origin, validity, and legality, of the Writ or Process, under which such Arrest was made, and 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 <​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 to <​as may​> be produced and [p. [1]]
An Ordinance regulating the mode of proceeding, in Cases of Habeus 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 Habeus Corpus, the Court shall in every such Case have power and Authority, and are hereby required to examine into the Origin, validity, and legality, of the Writ or Process, under which such Arrest was made, and 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 [p. [1]]
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