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 25
... jury thinking the defendant was only acting on the defensive , acquitted him . It may be doubted whether a slight " slap in the face " of the wife by the husband is an indictable offence any- where out of New Jersey ; but it may safely ...
... jury thinking the defendant was only acting on the defensive , acquitted him . It may be doubted whether a slight " slap in the face " of the wife by the husband is an indictable offence any- where out of New Jersey ; but it may safely ...
Page 31
... jury : " that when , as in this case , a woman has left the husband for such cause as she thinks entitles her to a divorce under the statute , and with a view to applying for a divorce , the husband has no right to use any force or ...
... jury : " that when , as in this case , a woman has left the husband for such cause as she thinks entitles her to a divorce under the statute , and with a view to applying for a divorce , the husband has no right to use any force or ...
Page 51
... jury " that as the child was of tender years , if they believed the defen- dant had whipped her with either a switch or other in- strument so as to produce the marks described to them , she was guilty . " The Supreme Court held that ...
... jury " that as the child was of tender years , if they believed the defen- dant had whipped her with either a switch or other in- strument so as to produce the marks described to them , she was guilty . " The Supreme Court held that ...
Page 73
... Jury , after an elaborate examination , critical and historical , * of [ 83 the question , states the legal import of the chapter as follows : " No freeman shall be arrested , or imprisoned , or de- prived of his freehold , or his ...
... Jury , after an elaborate examination , critical and historical , * of [ 83 the question , states the legal import of the chapter as follows : " No freeman shall be arrested , or imprisoned , or de- prived of his freehold , or his ...
Page 81
... juries , of the law which prohibited the slave trade , of the law which abolished the sacramental test , of the law which relieved the Ro- man Catholics from civil disabilities , of the law which reformed the representative system - of ...
... juries , of the law which prohibited the slave trade , of the law which abolished the sacramental test , of the law which relieved the Ro- man Catholics from civil disabilities , of the law which reformed the representative system - of ...
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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...