Ordinance, 14 November 1842, as Published in the Wasp

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ment, with a criminal offence, but if the prisoner or prisoners shall be found guilty, the Municipal Court shall only admit such prisoner or prisoners to bail, where the offence is bailable by law, or ordinance, or remand him, her, or them to prison where the offence is not bailable; or being bailable, if such prisoner or prisoners shall fail to give the bail required.
Sec. 7. No person or persons who have been discharged by order of the Municipal Court on a , shall be again imprisoned, restrained, or kept in custody for the same cause, unless he, she, or they, be afterwards indicted for the same offence, or unless by the legal order or process of the Muncipal Court wherein he, she or they are bound by to appear; the following shall not be deemed to be the same cause. First, if after a discharge for defect of proof, or any material defect in the commitment in a criminal case the prisoner or prisoners should be again arrested upon sufficient proof and committed by legal process, for the same offence: Second if in a civil suit the party or parties have been discharged for any illegality in the judgment or process and are afterwards imprisoned by legal process, for the same cause of action; Third, generally whenever the discharged has been ordered on account of the nonobservance of any of the forms required by law the party or parties may be a second time imprisoned if the cause be legal and the forms required by law observed.
Sec. 8. If any person or persons shall be committed for a criminal matter in case of the absence of a witness or witnesses whose testimony may be considered to be of importance in behalf of the people, the Municipal Court may adjourn from time to time at its discretion, provided they decide upon the case within thirty days, if it shall appear by oath or affirmation that the witness or witnesses for the people of the are absent, such witness or witnesses being mentioned by name and the court shewn wherein their testimony is material.
Sec. 9. Any person or persons being committed to the city or county jail, as provided in the charter of the city of , or in the custody of any officer, sheriff, jailor, keeper, or other person or persons, or his or their under officer 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 habeas corpus, 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 committment 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, agrieved, a sum not exceeding five hundred dollars to be received by the prisoner or prisoners agrieved, in the manner hereinafter mentioned.
Sec. 10. If any member of the Municipal Court or the clerk of said court shall corruptly refuse or neglect to issue writ or writs of habeas corpus when legally applyed to, in a case where such writ or writs may lawfully issue, or who shall for the purpose of oppression unreasonably delay the issuing 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 $500,00 and not exceeding one thousand dollars, and be imprisoned for six months.
Sec. 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 the city or county jail as are provided for by the city charter of the city of ; there to remain without bail or mainprize, un[til 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, agrieved 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 of habeas corpus is issued who with the 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, and 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 he 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, when was shewn on return of 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 ordinance, the defendant or defendants may plead the general issue and give the special matter in evidence.
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 Marshal, and shall endorse the appointment on the back of 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 Nov. 14th 1842.
JOSEPH SMITH, Mayor
, Recorder. [p. [2]]
ment, with a criminal offence, but if the prisoner or prisoners shall be found guilty, the Municipal Court shall only admit such prisoner or prisoners to bail, where the offence is bailable by law, or ordinance, or remand him, her, or them to prison where the offence is not bailable; or being bailable, if such prisoner or prisoners shall fail to give the bail required.
Sec. 7. No person or persons who have been discharged by order of the Municipal Court on a , shall be again imprisoned, restrained, or kept in custody for the same cause, unless he, she, or they, be afterwards indicted for the same offence, or unless by the legal order or process of the Muncipal Court wherein he, she or they are bound by to appear; the following shall not be deemed to be the same cause. First, if after a discharge for defect of proof, or any material defect in the commitment in a criminal case the prisoner or prisoners should be again arrested upon sufficient proof and committed by legal process, for the same offence: Second if in a civil suit the party or parties have been discharged for any illegality in the judgment or process and are afterwards imprisoned by legal process, for the same cause of action; Third, generally whenever the discharged has been ordered on account of the nonobservance of any of the forms required by law the party or parties may be a second time imprisoned if the cause be legal and the forms required by law observed.
Sec. 8. If any person or persons shall be committed for a criminal matter in case of the absence of a witness or witnesses whose testimony may be considered to be of importance in behalf of the people, the Municipal Court may adjourn from time to time at its discretion, provided they decide upon the case within thirty days, if it shall appear by oath or affirmation that the witness or witnesses for the people of the are absent, such witness or witnesses being mentioned by name and the court shewn wherein their testimony is material.
Sec. 9. Any person or persons being committed to the city or county jail, as provided in the charter of the city of , or in the custody of any officer, sheriff, jailor, keeper, or other person or persons, or his or their under officer 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 habeas corpus, 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 committment 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, agrieved, a sum not exceeding five hundred dollars to be received by the prisoner or prisoners agrieved, in the manner hereinafter mentioned.
Sec. 10. If any member of the Municipal Court or the clerk of said court shall corruptly refuse or neglect to issue writ or writs of habeas corpus when legally applyed to, in a case where such writ or writs may lawfully issue, or who shall for the purpose of oppression unreasonably delay the issuing 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 $500,00 and not exceeding one thousand dollars, and be imprisoned for six months.
Sec. 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 the city or county jail as are 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, agrieved 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 of habeas corpus is issued who with the 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, and 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 he 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, when was shewn on return of 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 ordinance, the defendant or defendants may plead the general issue and give the special matter in evidence.
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 Marshal, and shall endorse the appointment on the back of 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 Nov. 14th 1842.
JOSEPH SMITH, Mayor
, Recorder. [p. [2]]
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