History, 1838–1856, volume D-1 [1 August 1842–1 July 1843]

  • Source Note
  • Historical Introduction
Page [1420]
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or deputy for any criminal, or supposed criminal matter shall not be removed from said Prison or custody into any Prison or custody unless it be by , or by an Order of the Municipal Court, or in case of sudden Fire infection or other necessities; if any Person or Persons shall after such commitment as aforesaid, make out, sign, or countersign any Warrant or Warrants for such removal, then he or they shall forfeit to the Prisoner, or Prisoners aggrieved, a sum not exceeding five hundred Dollars, to be recovered by the Prisoner or Prisoners aggrieved in the manner hereinafter mentioned.
Section. 10. If any Member of the Municipal Court, or the Clerk of said Court shall corruptly refuse or neglect to issue Writs of Writs of Habeas Corpus when legally applied to, in a case where such Writ or Writs may lawfully issue, or who shall for the purpose of oppression unreasonably delay the isuing of such Writ or Writs, shall for every such offence forfeit to the Prisoner or Prisoners, party or Parties aggrieved a sum not less than five hundred Dollars and not exceeding one thousand dollars, and be imprisoned for six months Section. 11. If any Officer, Sheriff, Jailor, Keeper, or other Person or Persons upon whom any such writ shall be served, shall neglect or refuse to make the returns as aforesaid, or to bring the Body of the Prisoner or Prisoners according to the command of the said Writ within the time required by this ordinance, all and every such officer, Sheriff, Jailor, Keeper, or other Person or Persons shall be guilty of a contempt of the Municipal Court who issued said Writ; whereupon the said Court may and shall issue an against said Officer, Sheriff, Jailor, Keeper, or other Person or Persons and cause him or them to be committed to [HC 5:190] the City or County Jail, as provided for by the City Charter of the City of ; there to remain without bail or mainprize, until he or they shall obey the said Writ; such Officer, Sheriff, Jailor, Keeper, or other Person or Persons shall also forfeit to the Prisoner or Prisoners, party or parties aggrieved a sum not exceeding One thousand dollars and not less than five hundred dollars. Sec. 12. Any person or persons having a Prisoner or Prisoners in his or their custody, or under his or their restraint, power or control, for whose relief a Writ or Writs of Habeas Corpus is issued, who with intent to avoid the effect of such Writ or Writs, shall transfer such Person or Persons to the custody of, or place him, her or them under the control of any other Person or Persons, or shall conceal him, her, or them, or change the place of his, her, or their confinement, with intent to avoid the operation of such Writ or Writs, or with intent to remove him her or them out of the , shall forfeit for every such offence One thousand dollars, & may be imprisoned not less than one year, nor more than five years. In any prosecution for the penalty incurred under this section, it shall not be necessary to shew that the Writ or Writs of Habeas Corpus had issued at the time of the removal, transfer or concealment therein mentioned, if it be proven that the acts therein forbidden were done with the intent to avoid the operation of such Writ or Writs. Sec. 13. Any Sheriff or his deputy any Jailor or Coroner having custody of any Prisoner or Prisoners committed on any civil or criminal Process, of any Court or Magistrate, who shall neglect to give such Prisoner or Prisoners, a copy of the Process, order or commitment by virtue of which he, she or they are imprisoned, within six hours after demand made by said Prisoner or Prisoners, or any one on his, her, or their behalf, shall forfeit five hundred dollars. Sec 14. Any person who knowing that another has been discharged by order of the Municipal Court, on a Habeas Corpus shall contrary to the provisions of this Ordinance, arrest or detain him or her again for the same cause, which was shewn on return if such Writ, shall forfeit one thousand dollars, for the first offence, and two thousand dollars for every subsequent one. Sec 15. All the pecuniary forfeitures incurred under this ordinance shall be and inure to the use of the Party for whose benefit the Writ of Habeas Corpus was issued, and shall be sued for and recovered with Costs, by the City Attorney, in the name of the , by information, and the amount when recovered, shall without any deduction, be paid to the parties entitled thereto. Sec 16. In any action or suit for any offence against the provisions of this ordinance, the Defendant or Defendants may plead the general issue, and give the special matter in evidence. [HC 5:191] Sec. 17. The recovery of said Penalties shall be no bar to a civil suit for damages. Sec. 18. The Municipal Court upon issuing a Writ of Habeas Corpus, may appoint any suitable Person to serve the same, other than the Marshall, and shall endorse the appointment on the back if said Writ. Sec 19. This ordinance to take effect, and be in force from and after its passage, any act heretofore to the contrary thereof in any wise notwithstanding, Passed Novr. 14, 1842— Recorder— Joseph Smith Mayor—[”]
Many other bills were discussed on this and previous days. [HC 5:192] [p. [1420]]
or deputy for any criminal, or supposed criminal matter shall not be removed from said Prison or custody into any Prison or custody unless it be by , or by an Order of the Municipal Court, or in case of sudden Fire infection or other necessities; if any Person or Persons shall after such commitment as aforesaid, make out, sign, or countersign any Warrant or Warrants for such removal, then he or they shall forfeit to the Prisoner, or Prisoners aggrieved, a sum not exceeding five hundred Dollars, to be recovered by the Prisoner or Prisoners aggrieved in the manner hereinafter mentioned.
Section. 10. If any Member of the Municipal Court, or the Clerk of said Court shall corruptly refuse or neglect to issue Writs of Writs of Habeas Corpus when legally applied to, in a case where such Writ or Writs may lawfully issue, or who shall for the purpose of oppression unreasonably delay the isuing of such Writ or Writs, shall for every such offence forfeit to the Prisoner or Prisoners, party or Parties aggrieved a sum not less than five hundred Dollars and not exceeding one thousand dollars, and be imprisoned for six months Section. 11. If any Officer, Sheriff, Jailor, Keeper, or other Person or Persons upon whom any such writ shall be served, shall neglect or refuse to make the returns as aforesaid, or to bring the Body of the Prisoner or Prisoners according to the command of the said Writ within the time required by this ordinance, all and every such officer, Sheriff, Jailor, Keeper, or other Person or Persons shall be guilty of a contempt of the Municipal Court who issued said Writ; whereupon the said Court may and shall issue an against said Officer, Sheriff, Jailor, Keeper, or other Person or Persons and cause him or them to be committed to [HC 5:190] the City or County Jail, as provided for by the City Charter of the City of ; there to remain without bail or mainprize, until he or they shall obey the said Writ; such Officer, Sheriff, Jailor, Keeper, or other Person or Persons shall also forfeit to the Prisoner or Prisoners, party or parties aggrieved a sum not exceeding One thousand dollars and not less than five hundred dollars. Sec. 12. Any person or persons having a Prisoner or Prisoners in his or their custody, or under his or their restraint, power or control, for whose relief a Writ or Writs of Habeas Corpus is issued, who with intent to avoid the effect of such Writ or Writs, shall transfer such Person or Persons to the custody of, or place him, her or them under the control of any other Person or Persons, or shall conceal him, her, or them, or change the place of his, her, or their confinement, with intent to avoid the operation of such Writ or Writs, or with intent to remove him her or them out of the , shall forfeit for every such offence One thousand dollars, & may be imprisoned not less than one year, nor more than five years. In any prosecution for the penalty incurred under this section, it shall not be necessary to shew that the Writ or Writs of Habeas Corpus had issued at the time of the removal, transfer or concealment therein mentioned, if it be proven that the acts therein forbidden were done with the intent to avoid the operation of such Writ or Writs. Sec. 13. Any Sheriff or his deputy any Jailor or Coroner having custody of any Prisoner or Prisoners committed on any civil or criminal Process, of any Court or Magistrate, who shall neglect to give such Prisoner or Prisoners, a copy of the Process, order or commitment by virtue of which he, she or they are imprisoned, within six hours after demand made by said Prisoner or Prisoners, or any one on his, her, or their behalf, shall forfeit five hundred dollars. Sec 14. Any person who knowing that another has been discharged by order of the Municipal Court, on a Habeas Corpus shall contrary to the provisions of this Ordinance, arrest or detain him or her again for the same cause, which was shewn on return if such Writ, shall forfeit one thousand dollars, for the first offence, and two thousand dollars for every subsequent one. Sec 15. All the pecuniary forfeitures incurred under this ordinance shall be and inure to the use of the Party for whose benefit the Writ of Habeas Corpus was issued, and shall be sued for and recovered with Costs, by the City Attorney, in the name of the , by information, and the amount when recovered, shall without any deduction, be paid to the parties entitled thereto. Sec 16. In any action or suit for any offence against the provisions of this ordinance, the Defendant or Defendants may plead the general issue, and give the special matter in evidence. [HC 5:191] Sec. 17. The recovery of said Penalties shall be no bar to a civil suit for damages. Sec. 18. The Municipal Court upon issuing a Writ of Habeas Corpus, may appoint any suitable Person to serve the same, other than the Marshall, and shall endorse the appointment on the back if said Writ. Sec 19. This ordinance to take effect, and be in force from and after its passage, any act heretofore to the contrary thereof in any wise notwithstanding, Passed Novr. 14, 1842— Recorder— Joseph Smith Mayor—”
Many other bills were discussed on this and previous days. [HC 5:192] [p. [1420]]
Page [1420]