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, Volumen961
W.C. Little & Company, 1858 - 677 páginas
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action admitted affidavit alleged allowed appear application arising arrest attachment authority bail brought cause charge child citizen civil claimed commitment common law confinement Congress considered Constitution conviction correction crime criminal custody debtor decision defendant denied detained determine directed discharge duty England entitled evidence examination execution exercise expressed extend facts given granted ground habeas corpus held House husband illegal important imprisonment indictment issue judge judgment judicial jurisdiction jury justice King liberty LIMITATIONS Lord magistrate matter means ment nature necessary oath objected obtained offence officer opinion parent party peace person practice present principle prisoner proceedings protection provisions punishment question reason record refused relation remanded remedy restraint rule says secure statute sufficient supported supposed Supreme Court taken tion trial United unless void warrant wife writ of habeas
Página 105 - 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.
Página 591 - If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State, shall flee from justice and be found in any of the United States, he shall, upon demand of the Governor or Executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offence.
Página 166 - 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.
Página 127 - ... 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...
Página 147 - 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.
Página 115 - 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.
Página 88 - That levying money for or to the use of the Crown, by pretence of prerogative, without grant of Parliament, for longer time or in other manner than the same is or shall be granted, is illegal.
Página 128 - The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant.
Página 89 - That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; 11. That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders; 12.