how to be described in warrant, emanating from inferior courts, 371. OTIS- argues against "writs of assistance," 368. P PARENT AND CHILD- grounds of parental custody, 35. duty of protection and education, 36, 37. step-father's duty, 37. right of custody results from duty of protection, 37. parent's right of correction, 38. chastisement to be in moderation, 38. criminal liability where it is inflicted with express malice, 39. parent's right of confinement, 40. must be exercised in moderation, 40. power of emancipation, 41. may be by express consent, 41. by gross neglect, 41. by cruel treatment, 41. by implied assent, 541. mother's right of correction, 42. she succeeds to the father's right of custody on his death, natural parent may have habeas corpus for child, 449, 453. what restraint warrants writ in such cases, 453. nature and extent of the jurisdiction, 454. all courts exercise same jurisdiction under habeas corpus, 455. equity, 455-460. general rules as to custody of legitimate children, 461. spirit of English cases where claims of parents conflict, 463, Lord Mansfield's opinion and practice, 464, 465. his rule abandoned, 466. the judges become ashamed of their law, 471. aid of Parliament invoked, 470. 472. Sergeant Talfourd commended for his efforts to change the law 470. spirit of American cases where claims of parents conflict, Lord Mansfield's equitable doctrine generally adopted, 472–475. Massachusetts, 481, 483 n. New Hampshire, 484, 486 n. PARENT AND CHILD-Continued. New York, 500-519 n. Indiana, 523 n. California, 523 n. Iowa, 523 n. Ohio, 524 n. Alabama, 525 n. Virginia, 525 n. South Carolina, 525 n. rules as to custody of illegitimate children, 522. mother's right paramount in America, 461, 527-530. claims equal in Texas, 531 n. infant's liberty of choice, 527, 531, 535. nature of this privilege—not equivalent to emancipation, 531, 532. infant's age of discretion, 535–540. age of fourteen, criterion in England, 536. mental capacity, criterion in United States, 536. voluntary transfer of custody, 540. parent may so transfer custody as to bar reclamation, 540-548 n. PERJURY- what constitutes, for false swearing to application for writ of habeas PERSONAL LIBERTY, general nature of the right of, 3. Limitations of the right, 5. punitive of crime, 6. coercive of duties to the state, 8. duty of supporting and defending the state, 8. executive of duties to the citizen, 9. duty of protecting lunatics, idiots and invalid paupers, 9. demands arising out of contracts express or implied, 11. demands arising out of injuries to the person, property or reputation, 20. incident to the domestic and civil relations of husband and wife, 21. parent and child, 35. guardian and ward, 43. master and apprentice, 47. master and scholar, 49. PERSONAL LIBERTY-Continued. principal and special bail, 54. Guarantees of, in England, 65. magna carta, 66. petition of right, 75. bill of rights, 79. habeas corpus acts, 81. In the American Colonies, magna carta, 92. writ of habeas corpus in use, 95. Judge Dudley refuses it in Massachusetts, in 1689, to Rev. John Wise, 96. is sued for the refusal, 96. In the United States, provision in federal Constitution, 105. history of the provisions relating to habeas corpus, 106–110. Suspension of privilege of habeas corpus, 116. Mr. Rawle's view, 117. not sustained, 117. power of suspension never been exercised by Congress, 117- suspension proposed in case of Burr's alleged conspiracy, 117. suspension by the President, first case, 1861, 119 n. decision by Taney, Ch. J., 120 n. proclamation by President suspending writ (1862), 121 n. act of Congress granting authority to President to suspend proclamation by President suspending writ under author- power of Congress to confer on President authority to suspend, considered, 125 n., 126 n. power of President as Commander-in-Chief of Army and suspension during martial law, 127 n. President's authority to suspend limited by existence of rebellion, 127 n. suspension in Confederate States, 127 n. acts of Congress relating to habeas corpus, 119, 123 n., 134, PERSONAL LIBERTY-Continued. legislation in the several states relating to the writ of habeas cor- pus, 121-128. act 31 Car. II, basis of, 128. PETITION-See APPLICATION. PETITION OF RIGHT- its origin, 75. imprisonment of Hampden and others, 75. habeas corpus allowed but prisoners wrongfully remanded, 75. the judges gave false answers, 76. petition presented to the King, 77. he takes the judges' opinion as to its construction auricu- grants it, and then dissolves the parliament, 78. PRINCIPAL AND SPECIAL BAIL- nature of the relation, 54. bail on principal's gaolers, 54. may arrest him at any time, 55. on Sunday, 55. in the night, 55. in any place, 55. out of the state where obligation contracted, 56. decisions on this point : in New York, 56, 57. Connecticut, 58. Massachusetts, 58. Pennsylvania, 58, 59, 60. Louisiana, 61, 62, 63 n. Virginia, 63. right to arrest same in civil and criminal cases, 55. PRACTICE- subject to suspension by matters occurring while principal at See APPLICATION; BAIL; EXTRADITION; PARENT AND PRIVATE RESTRAINT- habeas corpus in cases of, 449, 557. PROCESS- GUAR- See HUSBAND AND WIFE; PARENT AND CHILD ; jurisdiction under habeas corpus, to inquire into validity of, 324. PROCESS-Continued. collaterally appellate, 325. extent of it, 325. limited grounds of inquiry, 325. general rule, 326. what defects cognizable, 327. such only as render process void, 327. mere error or irregularity does not invalidate it when ques- tioned collaterally, 328. decisions upon this point, 329 n., 330 n. difference between error and illegality, 328 n. limited by superior rights of other acting jurisdictions, 331. a rightful jurisdiction first begun not to be arrested except habeas corpus not designed to frustrate due course of justice, relief in cases of error or irregularity merely, to be sought by practice on this point: in New Jersey, 335. in South Carolina, 337. in Pensylvania, 337-342. in Indiana, 342, 348 n. in Massachusetts, 346, 348 n. in Vermont, 348 n. corrective jurisdiction may be exercised by appellate courts, but not by habeas corpus, 348, 349. by certiorari, as ancillary to habeas corpus, 350, 352 n., 399, examinations in criminal cases obtained by certiorari, 350. but in that case powers of the court not the same as under by certiorari and habeas corpus as a writ of error, 353. joint action of the writs, 353, 354. in Ohio, proceeding to reverse order discharging prisoner on defects cognizable under writs of habeas corpus and certio- presumptions relating to jurisdiction, 363. distinction between superior and inferior courts, 364. application of distinction in different states, 365. rules for the application of, 366, 367. apply to process as well as judgments, 386. |