SECOND APPENDIX.

HABEAS CORPUS ACT OF THE UNITED STATES.

Sec. 751. The Supreme Court and the circuit and district courts shall have power to issue writs of habeas corpus.

Sec. 752. The several justices and judges of the said courts, within their respective jurisdictions, shall have power to grant writs of habeas corpus for the purpose of an inquiry into the cause of restraint of liberty.

Sec. 753. The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States, or is committed for trial before some court thereof; or is in custody in violation of the Constitution or of a law or treaty of the United States; or being a subject or citizen of a foreign state, and domiciled therein, or in custody for an act done or omitted under any alleged right, title, authority, privilege, protection or exemption claimed under the commission, or order, or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations; or unless it is necessary to bring the prisoner into court to testify.

Sec. 754. Application for a writ of habeas corpus shall be made to the court, or justice, or judge authorized to issue the same, by complaint in writing, signed by the person for whose relief it is intended, setting forth the facts concerning the detention of the party restrained, in whose custody he is detained, and by virtue of what claim or authority, if known. The facts set forth in the complaint shall be verified by the oath of the person making the application.

Sec. 755. The court, or justice, or judge to whom such application is made shall forthwith award a writ of habeas corpus, unless it appears from the petition itself that the party is not entitled thereto. The writ shall be directed to the person in whose custody the party is detained.

Sec. 756. Any person to whom such writ is directed shall make due return thereof within three days thereafter, unless the party be detained beyond the distance of twenty miles; and if beyond that distance and not beyond a distance of a hundred miles, within ten days; and if beyond the distance of a hundred miles, within twenty days.

Sec. 757. The person to whom the writ is directed shall certify to the court, or justice, or judge before whom it is returnable the true cause of the detention of such party.

Sec. 758. The person making the return shall at the same time bring the body of the party before the judge who granted the writ.

Sec. 759. When the writ is returned, a day shall be set for the hearing of the cause, not exceeding five days thereafter, unless the party petitioning requests a longer time.

Sec. 760. The petitioner or the party imprisoned or restrained may deny any of the facts set forth in the return, or may allege any other facts that may be material in the case. Said denials or allegations shall be under oath. The return and all suggestions made against it may be amended, by leave of the court, or justice, or judge, before or after the same are filed, so that thereby the material facts may be ascertained.

Sec. 761. The court, or justice, or judge shall proceed in a summary way to determine the facts of the case, by hearing the testimony and arguments, and thereupon to dispose of the party as law and justice require.

Sec. 762. When a writ of habeas corpus is issued in the case of any prisoner who, being a subject or citizen of a foreign state and domiciled therein, is committed, or confined, or in custody, by or under the authority or law of any one of the United States, or process founded thereon, on account of any act done or omitted under any alleged right, title, authority, privilege, protection or exemption, claimed under the commission, or order, or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations, notice of said proceedings, to be prescribed by the court, or justice, or judge at the time of granting said writ, shall be served on the attorney-general or other officer prosecuting the pleas of said state, and due proof of such service shall be made to the court, or justice, or judge before the hearing.

Sec. 763. From the final decision of any court, justice, or judge inferior to the Circuit Court, upon an application for a writ of habeas corpus or upon such writ when issued, an appeal may be taken to the Circuit Court for the district in which the cause is heard :

1. In the case of any person alleged to be restrained of his liberty in violation of the Constitution, or of any law or treaty of the United States. 2. In the case of any prisoner who, being a subject or citizen of a foreign state, and domiciled therein, is committed, or confined, or in custody by or under the authority or law of the United States, or of any state, or process founded thereon, for or on account of any act done or omitted under any alleged right, title, authority, privilege, protection or exemption, set up or claimed under the commission, order, or sanction of any foreign

state or sovereignty, the validity and effect whereof depend upon the law of nations, or under color thereof.

Sec. 764. From the final decision of such Circuit Court an appeal may be taken to the Supreme Court in the cases described in the last clause of the preceding section.

Sec. 765. The appeals allowed by the two preceding sections shall be taken on such terms, and under such regulations and orders, as well for the custody and appearance of the person alleged to be in prison or confined or restrained of his liberty, as for sending up to the appellate tribunal a transcript of the petition, writ of habeas corpus, return thereto, and other proceedings, as may be prescribed by the Supreme Court, or, in default thereof, by the court or judge hearing the cause.

Sec. 766. Pending the proceedings or appeal in the cases mentioned in the three preceding sections, and until final judgment therein, and after final judgment or discharge, any proceeding against the person so imprisoned or confined or restrained of his liberty, in any state court, or by or under the authority of any state, for any matter so heard and determined, or in process of being heard and determined under such writ of habeas corpus, shall be deemed null and void.

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INDEX.

ACCUSATION—

A

of crime under the act of Congress, Feb. 12, 1793, for extradition of
fugitives from justice, how to be made, 610.

AFFIDAVIT—

how authenticated when made in another state, 210.

for arrest of fugitives from justice, requisites of, 610, 615, 618, 629.
See EVIDENCE.

ALLOWANCE OF HABEAS CORPUS-

mode of allowance, 226.

notice of, 227.

when and to whom it should be given, 227.
effect of omitting it, 227.

statutory duty in New York, Indiana and Alabama, 228.

AMENDMENT OF RETURN—

rule in England, 257.

in United States, 257.

APPLICATION FOR HABEAS CORPUS-

what imprisonment warrants it, 200.

beginning of cause, 200 n.

by whom it may be made,

by the prisoner, 202.

by a stranger, 202 n., 203.

by one claiming custody, 204.

mode of making it, 204.

in term time at common law, 204.

in vacation, under act 31, Car. II., 205.

in the federal courts, 205.

in Pennsylvania, 205.

in Minnesota, 205 n.

in Vermont, 205 n.

in Ohio, 206.

restraint, how alleged,

in Ohio and Pennsylvania, 207.