A Treatise on the Right of Personal Liberty: And on the Writ of Habeas Corpus and the Practice Connected with it : with a View of the Law of Extradition of Fugitives |
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Page v
... important subjects . It is invoked to remove alleged illegal restraint of per- sonal liberty ; but as all restraint is not illegal , it be- comes important to a ready and just administration of the law , that there should be a clear ...
... important subjects . It is invoked to remove alleged illegal restraint of per- sonal liberty ; but as all restraint is not illegal , it be- comes important to a ready and just administration of the law , that there should be a clear ...
Page vi
... important and , when in competent hands , so beneficent , has in some states been committed to inferior officers not learned in the law ; and there have not been wanting magistrates of this class , ambitious of the distinction of Habeas ...
... important and , when in competent hands , so beneficent , has in some states been committed to inferior officers not learned in the law ; and there have not been wanting magistrates of this class , ambitious of the distinction of Habeas ...
Page ix
... important questions as to the writ of habeas corpus arose and were deter- mined . For this reason , as well as because the original work was out of print , a new edition was demanded . In its preparation few alterations have been made ...
... important questions as to the writ of habeas corpus arose and were deter- mined . For this reason , as well as because the original work was out of print , a new edition was demanded . In its preparation few alterations have been made ...
Page x
... important question . The new cases with the state- ment of the points decided , and the discussion of their doctrines , will be found in the notes . The cases cited in the text of the first edition , have for greater convenience of ...
... important question . The new cases with the state- ment of the points decided , and the discussion of their doctrines , will be found in the notes . The cases cited in the text of the first edition , have for greater convenience of ...
Page xv
... Importance of the production of the body , .. 239 2. Disability from want of possession , custody or power ,. 3. Disability from sickness of prisoner , ... 240 249 SECTION V. Production of the body and statement of the CONTENTS . XV.
... Importance of the production of the body , .. 239 2. Disability from want of possession , custody or power ,. 3. Disability from sickness of prisoner , ... 240 249 SECTION V. Production of the body and statement of the CONTENTS . XV.
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Common terms and phrases
act of Congress affidavit alleged appear application apprentice arrest authority bail Baron and Feme brought cause certiorari charged child Circuit Court citizen civil common law Commonwealth confinement Constitution contempt conviction crime criminal custody debtor defendant delivered demand denied detained detention discharge discretion duty England entitled evidence Ex parte Bollman execution exercise facts father felony governor granted ground guardian habeas cor habeas corpus act held House House of Lords husband illegal indictment infant issued judgment judicial jurisdiction jury King's Bench Lord magistrate Magna Carta matter ment mother nature oath offence officer opinion parent party Pennsylvania personal liberty petition petitioner principle prisoner privilege proceedings provisions punishment question reason refused relation remedy restraint rule says SECTION sheriff South Carolina statute sufficient Supreme Court surrender tion trial United void ward warrant of commitment wife writ of error writ of habeas
Popular passages
Page 80 - That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law.
Page 647 - States; or, being a subject or citizen of a foreign state, and domiciled therein, is 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.
Page 135 - That all the before-mentioned courts of the United States, shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Page 94 - That the inhabitants of the English colonies in North America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following Rights : Resolved, NCD 1.
Page 103 - Commentaries in America as in England. General Gage marks out this disposition very particularly in a letter on your table. He states that all the people in his government are lawyers or smatterers in law ; and that in Boston they have been enabled by successful chicane wholly to evade many parts of one of your capital penal constitutions.
Page 157 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 79 - That the pretended power of dispensing with laws, or the execution of laws, by regal authority, as it hath been assumed and exercised of late, is illegal.
Page 112 - ... unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right., if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil 'officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure...
Page 102 - Permit me, Sir, to add another circumstance in our colonies, which contributes no mean part towards the growth and effect of this untractable spirit. I mean their education. In no country perhaps in the world is the law so general a study.
Page 77 - Nevertheless, against the tenor of the said statutes, and other the good laws and statutes of your realm to that end provided...