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(17) Evidence [§ 38] p 46

(18) Jury [ 39] p 48

(19) Verdict [§ 40] p 48

(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 ·

(a) In General [§ 46] 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

a. In General [§ 57] p 69

b. Interstate Extradition [§§ 58-68] p 69

(1) In General [§ 58] p 69

(2) Particular Matters [§§ 59-68] p 71

(a) Offenses [§ 59] p 71

(b) Persons [§ 60] 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

c. International Extradition [§§ 69-71] p 82

(1) In General [§ 69] p 82

(2) From British Empire [

(a) In General [§ 70] p 84

(b) From Canada [§ 71] p 85

d. Within British Empire [§ 72] p 86

IV. JURISDICTION OF WRIT [ 111-146] p 115
A. General Considerations [§§ 111-114] 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

a. In General [§ 126] p 128

b. Custody under Federal Authority [§ 127] p 128

c. Custody under State Authority [

(1) In General [§ 128] p 128

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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
2173].

Jurisdiction see Courts §§ 13-177; Federal Courts § 4;
Judgments [23 Cyc 1073].

Mandamus to compel allowance of writ see Mandamus
[26 Cyc 223].

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.
(N. Y.) 231; Woodcraft v. Kinaston,
2 Atk. 317. 26 Reprint 593.

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-
dum.—(1) Literally "You have the
body, to prosecute." Burrill L. D.
[cit 3 Blackstone Comm. p 130]. (2)
(1) "AA writ issuing when necessary
remove a prisoner in order to prose-
cute in the proper jurisdiction where-
in the fact was committed.
Ex P.
Bollman, 4 Cranch (U. S.) 75, 97, 2
L. ed. 554; Com. v. Ross, 13 Pa.
Dist. 493, 28 Pa. Co. 276; State v.
Keefe, 17 Wyo. 227, 255, 98 P 122, 22
LRANS 896, 17 AnnCas 161.

[b] Other definitions.
writ for bringing the body of him,
who is imprisoned, before the court,
causa detentionis." Comyns
Dig. (2) "The name given to a va-
riety of writs, (of which these were
anciently the emphatic words), hav-
ing for their object to bring a party
before a court or judge. In common
usage, and whenever these words
are used alone, they are understood
to mean the habeas corpus ad sub-
jiciendum." Black L. D. (2nd ed).
2. [a] The Latin form of the writ
is as follows: "Præcipimus tibi quod
corpus A B in custodia vestra de-
tentum, ut dicitur una cum causa
captionis et detentionis suæ, quo-
cunque nomine idem A B censeatur
in eadem, habeas coram nobis apud
Westm., etc., ad subjiciendum et re-finement to answer a criminal charge
cipiendum ea quæ curia nostra de
eo ad tunc et ibidem ordinari con-
tigerit in hac parte," etc. Bouvier
L. D.

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.

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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

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