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$ 244. The court shall examine the inquisition returned, and if the same be partial or defective, may set the same aside, either wholly or in part, and may direct a new inquisition to be taken, to supply such defect.

§ 245. Whenever the writ shall appear to have been duly executed, an order shall be entered declaring that the people of this state, on paying to the owners or into the supreme court, the amount assessed in the inquisition for damages, shall be entitled to an absolute estate in such real property, with the appurtenances, as fully and effectually, as if the same had been conveyed to the people by the owners thereof: and immediately after the payment of such monies, the absolute title to such real property shall be vested in the people of this state.

$ 246. All monies which may be necessary to pay the damages assessed, and the costs and expenses incurred under the provisions of this chapter, shall be paid out of the treasury.

§ 247. Upon the damages so assessed being paid into the supreme court, the court shall make an order for the investment thereof in permanent securities, for the benefit of the owners of the real property so taken, and for the investment of the interest arising from such securities, for the benefit of such owners, and shall cause such securities to be transferred to them, or the amount of the monies so paid in, to be paid over to them, their guardians or legal representatives, whenever their rights shall be established.

$ 248. Such owners may, at any time, present their petition to the supreme conrt, for the payment to them of such monies, or the transfer of such securities: and such proceedings shall be had thereon, as shall be necessary to ascertain the respective rights of the petitioners, and to give notice to all persons who may be interested in the real property so taken, or in the monies so paid into court.

§ 249. Whenever any real property shall be taken for the use of the United States, by the consent of the legislature of this state, and it shall become necessary to issue a writ of assessment of damages, the like proceedings shall be had, as are provided in this chapter.


The writ of deliverance.

$ 250. The writ of habeas corpus ad subjiciendum, known in the constitution and statutes of this state as the writ of habeas corpus, is herein

is, is herein designated, and may hereafter be known as the writ of deliverance. Every other writ of habeas corpus is abolished.

§ 251. Every person, imprisoned or restrained of his liberty, within this state, for any criminal or supposed criminal matter, or under any pretence whatsoever, except in the cases specified in the next section, may prosecute a writ of deliverance, according to the provisions of this chapter, to inquire into the cause of such

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imprisonment or restraint; and if illegal, to be delivered therefrom.

§ 252. The following persons shall not be entitled to prosecute the writ:

1. Persons committed or detained by virtue of process issued by a court of the United States, or a judge thereof, in cases where such courts or judges have exclusive jurisdiction, under the laws of the United States or shall have acquired exclusive jurisdiction by the commencement of suits in such courts;

2. Persons committed or detained by virtue of the final order, judgment or decree of a competent tribunal, of civil or criminal jurisdiction, or by virtue of an execution issued upon such final order, judgment or decree; but no order of commitment for alleged contempt, or upon proceedings as for contempt, to enforce the rights or remedies of a party, shall be deemed a final order, judgment or decree, within the meaning of this section; nor shall any attachment or other process, issued upon such an order, be deemed an execution within the meaning of this section.

§ 253. Application for the writ shall be made in writing, signed, either by the party for whose relief it is intended, or by some person in his behalf, as follows:

1. To the supreme court at any special term :

2. To any one of the judges of the supreme court, or any county judge, being or residing in the county where the party is detained: or, if there be no such officer within the county, or if he be absent, or for any cause incapable of acting, or have refused to grant the writ, then to such officer residing in an adjoining county;

3. In the city and county of New York, to a judge of the superior court of the city of New York, or a judge of the court of common pleas for the city and county of New York, or the special judge of that city.

§ 254. Whenever application for the writ shall be made to an officer not residing within the county where the party is detained, he shall require proof, by the oath of the applicant, or by other sufficient evidence, that there is no officer in the county authorised to grant the writ, or if there be one that he is absent, or has refused to grant it, or for some cause to be specia ly set forth, is incapable of acting, and if such proof be not produced, the application shall be denied.

$ 255. The application must state, in substance,

1. That the party, in whose behalf the writ is applied for, is imprisoned, or restrained of his liberty, the place where, and officer or person by whom, he is imprisoned or restrained, naring both parties, if their names are known, or describing them, if they are not known:

2. That such person is not imprisoned or restrained, by virtue of any order, judgment, decree, execution or process, specified in section 252.

3. The cause or pretence of such imprisonment or restraint, according to the best of the knowledge or belief of the applicant:

4. If the imprisonment or restraint be in virtue of an order, warrant, or process, a copy thereof must be annexed, or it must be averred, that by reason of the removal or concealment of the party before the application, a demand of such copy could not be made, or that such demand was made, and the legal fees therefor tendered to the officer or person having the party in his custody, and that such copy was refused:

5. If the imprisonment be alleged to be illegal, the application must also state in what the alleged illegality consists:

6. That the legality of the imprisonment has not been already adjudged, upon a prior writ of deliverance, to the knowledge or belief of the applicant:

7. It must be verified by the oath of the applicant.

§ 256. The application may be, substantially, in the following form, or in any other form within the provisions of the preceding section: To

Judge, &c. The application of A. B. shows that he (or, C. D.), is imprisoned or restrained of his liberty by

: (or, describing the person and place, if the names are unknown.)

That he is not committed or detained, by virtue of process issued by a court of the United States, or by a judge thereof, nor is he committed or detained by virtue of the final order, judgment, or decree, of a competent tribunal of civil or criminal jurisdiction, or


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