Bill from John Taylor, 5 August 1842

  • Source Note

Document Transcript

A Bill to regulate regulating the mode of proceeding in cases of 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] Court <​and​> shall have power to adjourn the hearing, and also issue process from time to time in their discretion, in order to procure the attendance of Witnesses, and <​so​> that a fair and impartial trial and decision may be obtained in every such Case.
 
Augt. 8th 1842.—
Draft Bill for Ordce regulating the mode of proceeding in Cases of , before the Municipal Court. [p. [2]]

Footnotes

  1. 1

    TEXT: Insertion written sideways in margin.  

  2. new scribe logo

    Docket in handwriting of James Sloan.