A Treatise of the Writ of Habeas Corpus: Including Jurisdiction, False Imprisonment, Writ of Error, Extradiction, Mandamus, Certiorari, Judgments, Etc. With Practice and Forms

William Smithers Church

A. L. Bancroft, 1884 - Habeas corpus - 702 pages

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HISTORY OF THE WRIT PART I TRACES OF IT IN THE ROMAN LAW 1 The Roman Edict PART II ITS USE IN THE EARLIER COMMON L...	1

Denied CopyBail 28 Exceptions 29 Treason and Felony 30 CourtsPlacesRemovalsRecommitments 31 Beyond the Seas 32 Operation of the ActBai...	2

a Ancient Writs	3

3b The Knights Habeas Corpus Case 4 IdemArguments for the Prisoners	4

IdemArguments for the Crown	5

IdemThe Decision	7

Petition of Right 8 Contempt by Members of the House of Commons	8

IdemAbolition of StarChamber and Other Arbitrary Courts	9

COMITY OF COURTS	338

CHAPTER XIX	347

Reviewing Evidence and Retrying Issues of Fact	366

CHAPTER XXI	367

Practice in the United States	376

CHAPTER XXII	377

Cumulative and Erroneous Sentences	386

Custody of Children	387

Cases of Streater and Fox the Quaker	12

The Celebrated Bushell and Shaftesbury Cases	13

Long Duration of Imprisonment	14

The Habeas Corpus Bill 14 Condition of the Prisons	15

Removal of Prisoners	16

The Celebrated Jenkes Case	17

Issuance of the Writ in Vacation 18 Imperfections of the Writ	18

THE HABEAS CORPUS ACT 31 CAR II	19

Why the Act is Famous 21 Auspicious Times of the Bills Passage	20

Why the King Assented to the Act 23 Its Relation to Other Acts 24 To What the Act may be Assigned	22

A BRIEF REVIEW OF THIS STATUTE 25 a It Introduced No New Principle 256 Enumeration of Abuses	23

Title Copy of WarrantStatement of Cause of Commitment Expenses	24

Act of Congress Authorizing its Suspension	40

Suspension of It under This Act 54 Validity of the	41

Expiration of Authority Conferred by	42

Writ Issued by State Court 57 In the Confederate States	43

CHAPTER II	44

ix	47

CHAPTER III	51

CHAPTER IV	54

Its Original Jurisdiction	56

Writ of Error or Appeal	68

CHAPTER VII	74

Decision of the United States Supreme Court	84

CHAPTER IX	112

CHAPTER X	130

In Bankruptcy Proceedings	134

On Habeas Corpus ad Testificandum	135

In Particular Instances	136

IN THE FEDERAL COURTS 117 Legislation Decisions and Rules	138

IN THE STATE COURTS	139

Summary of Statutes 119 Judicial Constructions	143

CHAPTER XI	146

PRODUCTION OF THE BODY AND STATEMENTS OF THE CAUSE OF ARREST AND DETENTION 163 Sufficient Reasons for not Producing t...	147

When Warrant must Contain Certain Words 149 Questioning Jurisdiction on Defective Warrant	191

Examination into Cause on Rule Nisi 151 Discussing Validity of Warrant upon Rule to Show Cause	192

When Motion to Quash Writ after Return Filed will be Entertained 153 Making a Bad Return on Good Judgment	194

Judicial Notice	195

Reply to Return Denying Truth of the Matters Contained in Affidavit on Which Capias Issued 156 Return of Execution against the Person	196

When Demand should be Made for Child	198

Return not Controvertible at Common	210

But Return may be Confessed and Avoided	214

Doctrine in the United States	215

CHAPTER XII	217

CHAPTER XIII	229

Additional Proof 191 Postponement for Further Testimony	242

Proper Evidence 193 Competent Testimony	243

Contradicting Return 198 Record Evidence	246

a Evidence Aliunde	247

b Defendant has a Right to be Confronted by Witnesses	248

Impeaching Witnesses 201 Subpoena for Witness 202 Fine against Defaulting Witness	249

Officers may be Examined as Witnesses	250

Examination of Witnesses Continued	251

Evidence of Service 206 Commenting on Testimony	252

EVIDENCE BY AFFIDAVIT 207 Value of Such Evidence	253

DefectsWant of Notice	256

Use of Affidavits in English Practice	257

In Applications for Habeas Corpus 211 Jurisdiction	258

Contradicting Return by Affidavit	260

Examination of Indictment	261

Enlarging Time 215 Fortifying Return 216 Denying Statement in Warrant	262

Cases of Bollman and Swartwout and Burr 218 Arrest on State Process	266

219 Afndavit should State Facts	267

CHAPTER XIV	270

Two Bills of IndictmentDeath Penalty on One No Trial on the Other 250 Existence of IndictmentIts LegalityBench Warrant 251 Judgment on Suffic...	271

Authority of the United States	278

CHAPTER XV	327

CHAPTER XVI	330

Jurisdiction to CommitMandamus	331

JurisdictionNo Offense	332

JurisdictionRefusal to Give Evidence	333

Until Discharged by Due Course of Law Time CertainEnglish	334

Courts 335 Until Further Order of the Court ContinuedTime Certain in	335

United States 336 Commitments for Contempt in Parliamentary Bodies	336

Definite Time Fixed by Statute	337

305 Commitment of Witness	388

CHAPTER XXIII	389

Statement of Facts Need not be Made unless Statute Requires It 341 Where the Warrant of Commitment Omits to State Facts the Cause can not be In...	390

345 Pardon	453

Evidence	454

CHAPTER XXIV	455

CHAPTER XXV	470

Courtsmartial	513

IN CIVIL CASES 383 Mere Errors and Irregularities will not be Reviewed	514

Capias ad Satisfaciendum	515

Other Matters	516

CHAPTER XXVI	518

CHAPTER XXVII	523

Doctrine of the Common	524

31 Car II and Other English Statutes	526

The Power to Bail and Bailable Offenses in the United States	527

Right to Bail and for What Offenses	528

Legislative Powers	529

INQUIRY BEFORE INDICTMENT 395 Who may Bail	530

Application is Addressed to Sound Discretion of Court	531

Excessive Bail 398 To Reduce Bail	532

Examination and Reducing Offense to Bailable One 400 Examination of Evidence	533

INQUIRY AFTER INDICTMENT 401 Rules for Guidance of Courts Discretion	535

Meaning of When Proof is Evident	536

Evidence	540

Evidence Continued	541

Special and Extraordinary Circumstances 408 Disagreement of JuryNew Trial	543

Other Circumstances 410 Sickness of the Prisoner	545

ContinuanceTerm	546

Arrest on Benchwarrant 413 Excessive Bail	547

Insanity of Prisoner 415 Appeal from Judgment Refusing Bail	548

Appeal from Order Admitting to Bail PART IV INQUIRY AFTER CONVICTION 417 But before Final Judgment 418 Bail Pending Steps to Revers...	550

After Sentence or Commitment in Execution	551

CHAPTER XXVIII	553

CHAPTER XXIX	555

CHAPTER XXX	558

CHAPTER XXXI	570

Doctrines in Chancery	587

CHAPTER XXXII	589

CHAPTER XXXIII	592

CHAPTER XXXIV	595

CHAPTER XXXV	598

CHAPTER XXXVI	600

Checks of Legal Functions upon Each Other	610

Conflict between State and Federal Authority	611

CHAPTER XXXVII	612

FORMS USED IN HABEAS CORPUS PROCEEDINGS PETITIONS FORM PAGE No 1 Petition for a Habeas Corpus	631

Petition for a Habeas Corpus	632

Another FormSecond Application	633

Usual Form of by Party Confined	634

Application by a Third Party	635

For the Purpose of Being Bailed	636

By a Parent for a Child	637

WRITS No 10 Habeas Corpus ad Subjiciendum	638

Another Writ of Habeas Corpus	639

Another Form of Writ to Testify	640

RETURNS No 14 Where Facts Correspond with Those in Petition	641

Where Custody of Prisoner has been Transferred	642

To Habeas Corpus or Certiorari	643

Where Prisoner was Committed for Contempt	644

Where Prisoner was Committed on Indictment	645

Where the Body Only is Brought	646

MISCELLANEOUS FORMS FORM PAGE No 30 Order Granting Writ	647

Notice of Application to Other Interested Parties	648

Attachment for Disobedience of Writ	649

Bond in Serving the Writ	650

Warrant under Form V	651

State Writ of Certiorari	652

Recognizance on being Bailed	653

Order of Discharge	654

Disobedience of Subpoena	661

459 The Demand 460 Application for a Habeas Corpus	672

Tarbles Case	681

Time when Errors should be Corrected 159 State Court can not Determine What is a Crime against the United States	688

What is Meant by the Term Process 161 A Few Instances of a Bad Return 162 A Few Instances of a Good Return	691

Other editions - View all

A Treatise of the Writ of Habeas Corpus: Including Jurisdiction, False ...
William Smithers Church
Limited preview - 2013

A Treatise on the Writ of Habeas Corpus
William S. Church
No preview available - 2013

Common terms and phrases

affidavit alleged appear application arrest authority bail brought cause certiorari charge Chief Justice child circuit court cited committing magistrate common law Commonwealth constitution contempt conviction court of chancery court or judge Cranch crime criminal custody decision defendant detained detention discretion district England entitled evidence Ex parte Bollman Ex parte Lange Ex parte Milligan Ex parte Watkins ex rel examination execution exercise facts federal courts felony granted habeas cor habeas corpus act hearing held illegal imprisonment indictment inquire issue the writ jail jailer judgment judicial jurisdiction King king's bench Law Reg liberty Lord Matter ment offense officer party person petition petitioner plaintiff proceedings punishment question refused remanded restraint rule sentence sheriff statute of 31 sufficient supreme court thereof tion trial United void warrant of commitment witness writ of error writ of habeas

Bibliographic information

Title	A Treatise of the Writ of Habeas Corpus: Including Jurisdiction, False Imprisonment, Writ of Error, Extradiction, Mandamus, Certiorari, Judgments, Etc. With Practice and Forms
Author	William Smithers Church
Publisher	A. L. Bancroft, 1884
Original from	the University of Michigan
Digitized	27 Jun 2012
Length	702 pages

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