Federal Judiciary Act of 1789, Section 33, Copy, circa 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–B]

Document Transcript

T. [Charles] B. Penrose
It is provided by the 33d Section of the act of September 24th. 1789
“That for any crime or offence against the , the offender may, by any justice or judge of the , or by any Justice of the Peace, or other magistrate of any of the , where he may be found agreably to the usual mode of against offenders in such state & at the expense of the , be arrested, & imprisoned, or bailed as the case may be, for trial before such court of the as by this act has cognizance of the offence; & copies of the process shall be returned as speedily as may be into the Clerks office of such Court, together with the of the witnesses, for their appearance to testify in the case; which recognizances the magistrate before whom the examination shall be, may require on pain of imprisonment. and if such commitment of the offender, or the witnesses shall be in a district other than that in which the offence is to be tried, it shall be the duty of the Judge of that District where the delinquent is imprisoned, season [p. [1]]ably to issue, & of the marshall of the same District to execute, a warrant of for the removal of the offenders, & the witnesses, or either of them, as the case may be, to the District in which the trial is to be had.” [3/4 page blank] [p. [2]]