Bill from John Taylor, 5 August 1842

  • Source Note
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A Bill to regulate 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 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 & 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 <​arrest in the usual manner, but if it shall so 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 evidence to be produced & Sworn before <​said Court​> them, and determine in the same manner as charges of a similiar nature are tried, and Judgment given therein, before Courts of law in this State, or in the , provided always that the Municipal Court [p. 1]
A Bill 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 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 & 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 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 evidence to be produced & Sworn before said Court [p. 1]
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