Ordinance, 8 August 1842

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A<​n​> Bill <​Ordinance​> 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, or under Arrest, 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, and 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 <​under said​> 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 <​such​> Evidence to <​as may​> be produced and [p. [1]] and Sworn before said 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, so that a fair and impartial trial, and decision may be obtained, in every such Case. And
Sec. 2. And be it further ordained, that if upon investigation, it shall be proven before the Municipal Court, that the Writ or Process has been issued, either through private pique, malicious intent, religious or other persecution, falsehood, or misrepresentation, contrary to the constitution of this , or the constitution of the , the <​said​> Writ or process shall be quashed, & considered of no force or effect, & the Prisoner or Prisoners shall be <​released and​> discharged therefrom.
Sec. 3.— And be it also further ordained, that if upon investigation it shall be proven before the Municipal Court that the Writ or Process has been issued either through private pi in the absence, sickness, debility, or other <​circumstances​>, disqualifying, Circumstances <​or​>, preventing the Mayor, [p. [2]] or Vice Mayor from officiating in his office, as Chief Justice of the Municipal Court, the Aldermen present shall appoint one of from amongst them, to Act as Chief Justice <​or president​> pro tempore.
Sec. 4. This ordinance to take effect, & be in force, from & after its passage.
,
Vice Mayor, & Prest. pro tempore.
passed August 8th 1842.
Recorder. [p. [3]]
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