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" The writ of Habeas Corpus is a high prerogative writ, known to the common law, the great object of which is the liberation of those who may be imprisoned without sufficient cause. It is in the nature of a writ of error to examine THE LEGALITY of the commitment. "
A Practical Treatise on the Criminal Law: Comprising the Practice, Pleadings ... - Strona 81
autor: Joseph Chitty - 1819
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The Whole Law Relative to the Duty and Office of a Justice of the Peace ...

Thomas Walter Williams - 1808 - Liczba stron: 906
...the subject, his writ of right, that is such a one as he is entitled to ex debito jtistitiœ, and i» in nature of a writ of error to examine the legality...commitment, and therefore commands the day, the caption, and cause of deteution, to be returned. Ч lust. 55. 4 Insi. 182. Cro. Jac. 543. And at common las, it...
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A Practical Treatise on the Criminal Law: Comprising the Practice ..., Tom 1

Joseph Chitty - 1819 - Liczba stron: 852
...also, in regard to the subject, deemed his writ of right, to which he is entitled ex debito justitis, and is in nature of a writ of error to examine the...c. 11. and the celebrated act of habeas corpus (a) [1]. (0 Hawk. b. 2. c. 16. a. 21. Dick. (x) Bac. Ab. Habeas Corpus, A. J. Commitment, II. (y) See form...
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A Practical Treatise on the Criminal Law: Comprising the Practice ..., Tom 1

Joseph Chitty - 1826 - Liczba stron: 1018
...to the subject, deemed his writ of right, to which he is entitled ex debito justifies, and is in the nature of a writ of error to examine the legality...therefore commands the day, the caption, and the cause of proceedings in general, see 3 Bl. (a) Id. ibid. Com. 131 to 139. Bac. Ab. Ha- (6) 6 TR 158. bea» Corpus....
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A Practical Abridgment of American Common Law Cases Argued and ..., Tom 5

Jacob D. Wheeler - 1835 - Liczba stron: 620
...of which is the liberation of those who may be imprisoned •without sufficient cause. It is in the nature of a writ of error to examine the legality of the commitment. * Whenever d person is restrained of his liberty, liy being confined in a common jail, or by a private...
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Crimes and Punishments;: Or, An Analytical Digest of The Criminal Statute ...

Edmund Hayes - 1837 - Liczba stron: 758
...subject, deemed his writ of rijrht, that is, such a one as he is entitled to, ex debito justifies, and is in nature of a writ of error to examine the legality of the commitment, Bac. Abr. Habeas Corpus, A. Many delays and perversions of justice having occurred, to the great oppression...
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Historia Placitorum Coronae: The History of the Pleas of the Crown, Tom 2

Sir Matthew Hale - 1847 - Liczba stron: 764
...object of which is the liberation of those who may be imprisoned without sufficient cause; it is in the nature of a writ of error to examine the legality of the commitment; it brings up the prisoner with the cause of his confinement and the court can undoubtedly inquire into...
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Reports of Cases Argued and Adjudged in the Supreme Court of ..., Tom 5;Tom 46

United States. Supreme Court - 1847 - Liczba stron: 668
...authority. Thus, in Ex parte Watkins, 3 Peters, 202, Chief Justice Marshall says, — " It is in the nature of a writ of error to examine the legality of the In the 'Matter of Metzgcr. commitment." Same case, 7 Peters, 572. In Ex parte Milbum, 9 Peters, 704,...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Tom 14

United States. Supreme Court - 1854 - Liczba stron: 684
...of which is the liberation of those who may be imprisoned without sufficient cause." " It is in the nature of a writ of error to examine the legality of the commitment." Ib. 202. It lies to a Circuit Court of the United States, sitting in a state, (3 Dall. 17,) or to the...
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Lower Canada Reports: Décisions Des Tribunaux Du Bas-Canada, Tom 5

1855 - Liczba stron: 562
...to the subject, deemed his writ of right, to which he is entitled ex debito justiticz, and is in the nature of a writ of error to examine the legality...caption and the cause of detention to be returned. (1) The obligation of Judges to issue the writ, and of gaolers to act in obedience to it, are established...
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A Full and Arranged Digest of the Decisions in Common Law, Equity ..., Tom 2

Richard Peters - 1860 - Liczba stron: 792
...object of which ir the liberation of those who may be imprisoned without sufficient cause. It is in the nature of a writ of error, to examine the legality of the commitment. The English judges being originally under the influence of the crown, neglected to issue the writ where...
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