B. Illegality of Restraint [§§ 18-56] p 24 2. Grounds of Illegality [§§ 19-56] p 25 a. Errors and Irregularities [§ 19] p 25 b. Jurisdictional Defects [§ 20] p 30 c. Particular Matters [§ 21-56] p 33 (2) Acts Not Constituting Crime [§ 22] p 34 (3) Unconstitutional or Invalid Statute, Ordinance, or Rule [§ 23] p 35 (4) Repealed Statutes [§ 24] p 34 (5) Laws Not Locally Adopted [§ 25] p 38 (6) Privilege or Immunity from Arrest [§ 26] p 38 (20) Place of Confinement [§ 41] p 49 (21) Mistake in Identity [§ 42] p 49 (22) Priority of Right to Custody [ 431 p 49 (23) Oppression or Injustice [§ 44] p 49 (24) Delay in Proceedings [§ 45] p 50 (25) Judgment, Sentence, or Order [§§ 46-52] p 51 · (b) Delayed and Suspended Sentence [§ 47] p 56 (c) Delayed and Suspended Execution of Sentence [§ 48] p 57 (d) Indeterminate Sentences; Parole and Probation [§ 49] p 57 (e) Excessive Sentence [ 50] p 58 (f) Insufficient Sentence [§ 51] p 61 (g) Matters Arising after Judgment [§ 52] p 61 (26) Warrant, Mittimus, and Commitment [§§ 53-55] p 61 (a) Before Indictment [§ 53] p 61 (b) After Indictment or Information [§ 54] p 67 (c) After Conviction and Sentence [§ 55] p 67 (27) Executive Restraints [§ 56] p 68 C. Particular Classes of Cases [§ 57-110] p 69 1. Extradition [§§ 57-73] p 69 b. Interstate Extradition [§§ 58-68] p 69 (2) Particular Matters [§§ 59-68] p 71 (c) Charge of Crime [§ 61] p 72 (d) Indictment, Information, or Affidavit [§ 62] p 73 (e) Status as Fugitive [§ 63] p 76 (f) Requisition [§ 64] p 79 (g) Warrant of Governor [$,65] p 79 (h) Motive [§ 66] p 80 (i) Merits and Defenses [§ 67] p 81 (i) Threatened Violence or Injustice [§ 68] p 82 b. Particular Matters [§§ 75-78] p 87 (3) Merits and Defenses [§ 77] p 89 3. Army and Navy [§§ 79-83] p 89 b. Particular Matters [§§ 80-83] p 90 (3) Military Arrests [§ 82] p 93 (4) Military Courts [§ 83] p 93 c. Detention after Bail Accepted [$ 86] p 95 c. Legislative Commitments [§ 89] p 101 9. Arrest in Civil Cases [§ 93] p 102 11. Slaves and Peons [§ 95] p 104 12. Married Women [§ 96] p 104 c. Demanding Custody [105] p 111 d. Judgment or Order Awarding Custody [ 106] p 111 e. Operation and Effect of Determination in Habeas Corpus [§ 107] p 112 f. Conclusiveness and Effect of Judgments or Orders in Other Actions or Proceedings g. Infants Committed to Institutions [§ 109] p 114 IV. JURISDICTION OF WRIT [ 111-146] p 115 1. Necessity of Jurisdiction [§ 111] p 115 2. Interference with Jurisdiction of Other Courts [§ 112] p 116 3. Jurisdiction over Persons Involved [§ 113] p 116 4. When Jurisdiction Terminates [§ 114] p 117 B. State Courts [§§ 115-120] p 117 1. In General [§ 115] p 117 2. Appellate Courts and Judges Thereof [§ 116] p 117 3. Courts and Judges Other than Appellate [§ 117] p 119 4. Judicial Officers [§ 118] p 122 5. Territorial Limitations on Jurisdiction [§ 119] p 122 6. Custody under Federal Authority [§ 120] p 123 C. United States Courts [§§ 121-138] p 124 1. Source of Jurisdiction [§ 121] p 124 2. Extent of Jurisdiction in General [§ 122] p 124 3. "Prisoner in Jail" [§ 123] p 125 4. Custody under Federal Authority [§ 124] p 126 5. Custody for Acts Done or Omitted by Federal Authority [§ 125] p 126 6. Custody in Violation of Federal Constitution, Laws, or Treaties [ 126-132] p 128 b. Custody under Federal Authority [§ 127] p 128 (3) In Violation of Federal Laws [§ 130] p 129 (4) In Violation of Federal Treaties [§ 131] p 129 d. Custody under Territorial Authorities [§ 132] p 129 7. Custody of Foreigners Where Law of Nations Involved [§ 133] p 129 8. Diverse Citizenship or Alienage [§ 134] p 130 9. Jurisdiction of Particular Courts and Judges [§§ 135-138] p 131 a. Supreme Court [§ 135] p 131 b. Circuit Courts of Appeals [§ 136] p 132 c. District Courts [§ 137] p 132 d. Federal Judges and Commissioners [§ 138] p 132 D. Concurrent Jurisdiction of State and Federal Courts [§ 139] p 132 E. Courts of District of Columbia [§ 140] p 133 F. Courts of Former United States Territories [§ 141] p 133 G. Courts of Outlying Possessions of United States [§ 142-144] p 133 2. Philippine Islands [§ 143] p 134 VI. PROCEEDINGS AND RELIEF [§§ 149-232] p 137 B. Application for Writ [§§ 150-161] p 137 a. Who May Apply for Writ [§ 151] p 137 b. Against Whom Writ Runs [§ 152] p 139 c. Other Parties; Intervention [§ 153] p 140 3. Courts or Judge to Whom Application Made [§ 154] p 141 5. Petition, Affidavit, or Complaint [§§ 156-160] p 142 c. Forms and Sufficiency [§§ 158-159] p 142 2. Remedy for Denial of Writ [§ 163] p 150 D. Form and Requisites of Writ [§§ 164-168] p 150 2. Where Returnable [§ 165] p 151 3. When Returnable [§ 166] p 151 4. Amendment of Writ [§ 167] p 151 5. Alteration of Writ [§ 168] p 152 E. Service of Writ [§ 169] p 152 F. Quashing or Dismissing Writ [§ 170] p 152 G. Operation and Effect of Writ [§ 171] p 154 H. Return to Writ [§§ 172-182] p 155 3. Time of Making [§ 174] p 155 4. Form and Sufficiency [ 175-182] p 156 b. Averments as to Custody [§ 176] p 156 c. Averments as to Cause and Authority for Restraint [§ 177] p 157 3. Impeaching and Supporting Jurisdiction [§ 193] p 169 N. Hearing and Determination; Trial [§ 194] p 171 O. Disposition of Person [§§ 195-196] p 173 P. Judgment or Order [§§ 197-205] p 176 2. Modification or Vacation [§ 198] p 177 3. Operation and Effect [§§ 199-205] p 177 (b) In Proceedings Involving Subsequent Imprisonment [ 201] p 178 (c) In Actions for Damages [§ 202] p 179 b. Of Refusal to Discharge [§§ 203-205] p 179 (1) At Common Law [§ 203] p 179 (2) Under Statute [§ 204] p 180 2. Persons Liable [§ 207] p 181 3. Amount and Items [§ 208] p 182 1. Right to [§§ 210-213] p 183 b. Of Particular Orders or Judgments [§ 211] p 183 c. In Proceedings Not Involving Custody in Criminal Case [§ 212] p 185 4. Presentation and Reservation in Lower Court of Grounds of Review [§ 216] p 188 5. Proceedings for Transfer of Cause [§ 217] p 189 9. Dismissal [§§ 221-222] p 191 10. Hearing and Rehearing [§ 223] p 192 b. As Dependent on Mode of Review [§ 225] p 193 c. Moot Questions [§ 226] p 193 d. Discretion of Lower Court [§ 227] p 194 e. Findings or Questions of Fact [§ 228] p 194 g. Harmless Error [§ 230] p 195 12. Determination and Disposition of Cause [§ 231] p 195 T. Certiorari and Habeas Corpus as Ancillary Writs [§ 232] p 196 definition.-The [a] Statutory writ of "habeas corpus is an order in writing, issued in the name of the State by a judge of competent jurisdiction, and directed to a person who has another in his custody, or detains him in connement, commanding him to bring before the judge, the person thus detained, at the time and place appointed, and to state the reasons for which he thus keeps him imprisoned, and deprived of his lib. erty.' Priete v. St Alphonsus Convent of Mercy, 52 La. Ann. 631, 681, 27 S 153, 47 LRA 656. cum Habeas corpus ad testificandum see Witnesses [40 Cyc Jurisdiction see Courts §§ 13-177; Federal Courts § 4; Mandamus to compel allowance of writ see Mandamus Sentences see Criminal Law § 3000. AND NATURE OF REMEDY 2 consider in that behalf.1 The name is derived from the significant words which it contained when the writs issued by the English courts were in the Latin language. There are several varieties of this writ, but the one usually referred to as the writ of habeas corpus is the writ of habeas corpus ad subjiciendum. It is a high prerogative, common 199; Vanduzen v. Weller, 5 Johns. 5 when undergoing sentence... And there are instances where the state courts have issued the writ is question, where the witness was in custody or undergoing sentence. The instances of the issuance of such a writ are not frequent in the state courts, but whenever they occur, or are referred to, they dis [c] Habeas corpus ad deliberandum et recipiendum.-A writ to remove for trial a person confined in one county to the county where the offense was committed. Ex p. Bollman, 4 Cranch (U. S.) 75, 97, 2 L. ed. 554 [cit 3 Blackstone Comm. ptinctly recognize the principle, and 129]; Com. v. Ross, 13 Pa. Dist. 493, 28 Pa. Co. 276. to [d] Habeas corpus ad prosequen- [b] Other definitions. 3. See infra this note. [a] Habeas corpus ad subjiciendum.-(1) Literally "You have the body, to submit to." Burrill L. D. [cit 3 Blackstone Comm. pp 129, 131, 135]. (2) A writ directed to the person detaining another and commanding him to produce the body of the prisoner, with the day and cause of his caption and detention, ad faciendum, subjiciendum, et recipiendum, to do, submit to, and receive whatsoever the judge or court awarding the writ shall consider in that behalf. Black L. D. (3) This is the writ ordinarily referred to as the writ of habeas corpu". See infra text and note 4. [] Habeas corpus ad faciendum et recipiendum.—(1) Literally "You have the body, to do and receive." Burrill L. D. [cit 3 Blackstone Comm. p 130]. (2) A writ issuing in civil cases to remove the cause, as also the body of defendant, from an inferior court to a superior court having jurisdiction, there to be disposed of. Black L. D. [cit Ex p. Bollman, 4 Cranch (U. S.) 75, 97, 2 L. ed. 554]. (3) It is also called "habeas corpus, cum causa." Black L. D. See also infra this note [h]. (4) Use of writ to remove cause. Van Hoogenstyn v. Delaware, etc., R. Co., 90 N. J. L. 189, 100 A 232; Austin v. Nelson, 6 N. J. L. 381; Snowden v. Roberts, 4 Cow. (N. Y.) 69; Bogart v. Brinkerhoff, 2 Cow. (N. Y.) 587; Caldwell v. Blanchard, 14 Johns. (N. Y.) 331; Youle v. Graham, 11 Johns. (N. Y.) [e] Habeas corpus ad respondendum.-(1) Literally "You have the body, to answer." Burrill L. D. [cit 3 Blackstone Comm. p 129]. (2) A writ issued in civil cases to remove a person out of the custody of one court into that of another, in order that he may be sued and answer the action in the latter (Ex p. Bollman, 4 Cranch (U. S.) 75, 97, 2 L. ed. 554), (3) or to bring up a person in con(Rapalje & L. L. D.). (4) A prisoner convicted by a magistrate on a summary trial and remanded for sentence to a fixed date may be brought up in the meantime for preliminary inquiry upon another criminal charge by means of a writ of habeas corpus ad respondendum ordered by a superior court_on the prosecutor's application. Rex v. Henry, 25 CanCrCas 86 [foll Ex p. Griffiths, 5 B. & Ald. 730, 7 ECL 398, 106 Reprint 1358]. [f] the undoubted right of a defendant in a criminal case to have it enforced." Ex p. Marmaduke, 91 Mo. 228, 250, 4 SW 91, 60 AmR 250. (4) A writ of "habeas corpus ad testificandum" is not the high prerogative writ of habeas corpus, but is merely the ancient common-law precept to bring a prisoner into court to testify, and is the process of the court from which it is issued, although it emanates from a judge in chambers. In re Thaw, 166 Fed. 71, 75, 91 CCA 657. (5) Generally see Witnesses [40 Cyc 2173]. (6) Writ as protection to officer acting under it see Sheriffs and Constables [35 Cyc 1756]. [h] Habeas corpus cum causa.— (1) Literally "You have the body, with the cause." Burrill L. D. (2) Another name for the writ of habeas corpus ad faciendum et recipiendum. Burrill L. D.; Ex p. Bollman, 4 Cranch (U. S.) 75, 2 L. ed. 554. See also supra this note [b]. [i] Habeas corpora juratorum.(1) Literally "You have the bodies of the jurors." Burrill L. D. (2) A writ commanding the sheriff to bring up the persons of jurors, and, if need were, to distrain them of their lands and goods, in order to insure or compel their attendance in court on the day of trial of a cause. Black L. D. ("It issued from the Common Pleas, and served the same purpose as a distringas juratores in the King's Bench. It was abolished by the C. L. P. Act. 1852, § 104"). And see 3 Blackstone Comm. p 354. 4. Black L. D. Habeas corpus ad satisfaciendum.-(1) Literally "You have the body, to satisfy." Burrill L. D. [cit [a] At common law the writ of 3 Blackstone Comm. pp 129. 130]. | habeas corpus was known as the (2) A writ which issues when a "habeas corpus ad subjiciendum." prisoner has had judgment against him in an action, and plaintiff is desirous to bring him up to some superior court, to charge him with process of execution. Ex p. Bollman, 4 Cranch (U. S.) 75, 97, 2 L. ed. 554; Black L. D. Simmons v. Georgia Iron, etc., Co., 117 Ga. 305, 43 SE 780, 61 LRA 739. 5. U. S.-In re Barry, 136 U. S. 597 note, 34 L. ed. 503 note, 42 Fed. 113, 5 How. 103, 12 L. ed. 70; Clifford v. Williams, 131 Fed. 100; In re Keeler, 14 F. Cas. No. 7,637, Hempst. 306. See Whitney v. Dick, 202 U. S. 132, 26 SCt 584, 50 L. ed. 963 (a writ of high privilege). v. Zimmer, 252 Ill. 9, 13, 96 NE 529. Mo.-State v. Buckner, 234 SW 651. N. J.-In re Thompson, 85 N. J. Eq., 221, 250, 96 A 102. [g] Habeas corpus ad testificandum.-(1) Literally "You have the body, to testify." Burrill L. D. [cit 3 Blackstone Comm. p 130]. (2) A Fla.-Belch V. Manning, 55 Fla. writ which issues to bring up a 229, 46 S 91, 92. prisoner detained in any jail or prison Ill.-Peo. to give evidence before any court of competent jurisdiction. Ex p. Bollman, 4 Cranch (U. S.) 75, 97, 2 L. ed. 554; Com. v. Ross, 13 Pa. Dist. 493. 495. 28 Pa. Co. 276. (3) "A writ of habeas corpus ad testificandum is a very ancient one, and was grantable at the discretion of the courts at common law. It was a process whereby the attendance of witnesses was compelled, and it was employed to bring the witness before the court, whether in custody awaiting trial, or N. Y. In re Miller, 1 Daly 562, 19 AbbPr 394. Okl-Ex p. Johnson, 1 Okl. Cr. 414, 98 P 461, 464. Eng.-Crowley's Case, 2 Swanst. 1, 36 Reprint 514; Bacon Abr. Habeas Corpus, A; 3 Blackstone Comm. p 131. "The writ of habeas corpus is a high prerogative writ and when prop |