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ALBANY:
W. C. LITTLE & CO., LAW BOOKSELLERS.

1858.

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Entered according to act of Congress, in the year 1858, by

ROLLIN C. HURD,
In the clerk's office of the District Court, of the Northern district of Ohio.

WERD, PARSONS & Co., Printers,

Albany, N. Y.

TO

HENRY STANBERRY, Esq.,

DISTINGUISHED AMONG THE FEW WHO, AMIDST THE TEMPTATIONS TO PROFESSIONAL
INCONSTANOY PECULIAR TO OUR TIMES AND COUNTRY, CONTINUE,
WITI UNWAVERING DATOTION, TO DIGNIFY

AND ADORN THE

PRACTICE OF THE LAW,

BY THE DISPLAY OF PROFOUND AND VARIED LEARNING AND THE GRACES OF

POLISHED BLOCUTION, THIS WORK IS RESPECTFULLY

INSCRIBED

BY

THE AUTHOR.

PREFACE.

The jurisdiction exercised under the writ of habeas corpus embraces many interesting and important subjects. It is invoked to remove alleged illegal restraint of personal liberty; but as all restraint is not illegal, it becomes important to a ready and just administration of the law, that there should be a clear apprehension of the nature and extent of the right of personal liberty and the limitations to which it may, legally, be subjected.

Restraint may be imposed under legal process emanating from a federal court, or under color of federal authority without process. In such cases it is important to understand the nature and extent of the jurisdiction of the state courts under the writ of habeas corpus.

The restraint may be imposed under legal process emanating from a federal or state court when the legality of the imprisonment may depend on the extent or rightful exercise of the jurisdiction of the court granting the process, or on the sufficiency of the process itself. Process may be irregular and yet the prisoner may not be entitled to be discharged, for the writ of habeas corpus is not a

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