It has original jurisdiction in cases of habeas corpus, mandamus and prohibition, and appellate jurisdiction in cases involving a greater amount than one hundred dollars; concerning title or boundary of lands, probate of wills; the appointment or qualification of personal representatives, guardians, curators, committees, &c.; concerning a mill, roadway, ferry or landing; the right of a corporation or county to levy tolls or taxes; in cases of quo warranto, habeas corpus, mandamus, certiorari and prohibition, and all others involving freedom or the constitutionalit y of a law; in criminal cases where there has been a conviction for felony or misdemeanour in a circuit, criminal or intermediate court; and in cases relating to the public revenues.
Nineteen judges elected for terms of eight years in eighteen circuits compose the circuit court, the judges of which have original jurisdiction of matters involving more than $50; of all cases of habeas corpus, mandamus, quo warranto and prohibition; of all cases in equity; and of all crimes and misdemeanours.
In June Shaftesbury applied for a writ of habeas corpus, but could get no release until the 26th of February 1678, after his letter and three petitions to the king.
Being brought before the bar of the House of Lords he made submission as to his conduct in declaring parliament dissolved by the prorogation, and in violating the Lords' privileges by bringing a habeas corpus in the King's Bench.
Before the prorogation, however, he saw the invaluable Act of Habeas Corpus, which he had carried through parliament, receive the royal assent.
The proposed rising was a dismal failure, but the Habeas Corpus Act was suspended and Thistlewood and Watson were seized, although upon being tried they were acquitted.
1857) of the United States Circuit Court for a writ of habeas corpus; this was granted and the prisoner was released.
But, although his first speech on the bill for the prevention of cattle diseases excited the opposition of country members, and a subsequent speech against the suspension of the Habeas Corpus Act in Ireland was very unfavourably received, Mill thoroughly succeeded in gaining the ear of the House.
These Personal Liberty Laws forbade justices and judges to take cognizance of claims, extended the habeas corpus act and the privilege of jury trial to fugitives, and punished false testimony severely.
The prerogative of the Crown is subject to some restrictions: (r) The committing of a subject of the realm to a prison out of the realm is by the Habeas Corpus Act a praemunire, unpardonable even by the king (31 Car.
The supreme court has original jurisdiction in habeas corpus, quo warranto and mandamus proceedings against all state officers; and it has appellate jurisdiction except in civil actions for the recovery of money or personal property, in which the original amount in controversy does not exceed $200, and which at the same time do not involve the legality of a tax, impost, assessment, toll or municipal fine, or the validity of a statute.
Thus at the diet of Brzesc Kujawski, in 1425, the szlachta obtained its first habeas corpus act in return for acknowledging the right of the infant krolewicz Wladislaus to his father's throne.
During the war that followed the west section was generally loyal to the north while the south section favoured the Confederacy and furnished many soldiers for its army; but most of the state was kept under Federal control, the writ of habeas corpus being suspended.
The Habeas Corpus Act was suspended at one sitting by both Houses of Parliament and about 960 arrests were made in Dublin in a few hours.
§ 9, and first ten amendments): It may not suspend the writ of habeas corpus (except in time of war or public danger) or pass a bill of attainder or an ex post facto law; give any state a commercial preference over another; grant any title of nobility; establish or prohibit any religion, or impose any religious test as a condition of holding office; abridge the freedom of speaking or writing, or of public meeting, or of bearing arms; try any person for certain offences except on the presentment of a grand jury, or otherwise than by a jury of his state and district; decide any common law action where the value in dispute exceeds $20 except by a jury.
The mittimus was pronounced illegal and irregular, and Baxter procured a habeas corpus in the court of common pleas.
Vernon, Ohio, on the 1st of May against the war and military proceedings, was arrested on the 5th of May by General Burnside, tried by military commission, and sentenced on the 16th to imprisonment; a writ of habeas corpus had been refused, and the sentence was changed by the president to transportation beyond the military lines.
Prominent Democrats and a committee of the Convention having appealed for his release, Lincoln wrote two long letters in reply discussing the constitutional question, and declaring that in his judgment the president as commander-in-chief in time of rebellion or invasion holds the power and responsibility of suspending the privilege of the writ of habeas corpus, but offering to release Vallandigham if the committee would sign a declaration that rebellion exists, that an army and navy are constitutional means to suppress it, and that each of them would use his personal power and influence to prosecute the war.
The Democratic Party, adopted resolutions that condemned the suspension of the writ of Habeas Corpus, endorsed the doctrine of state sovereignty, demanded a national assembly to determine terms of peace, and asked President Lincoln to withdraw the proclamation that emancipated the slaves, and so to permit the people of Illinois to fight only for "Union, the Constitution and the enforcement of the laws."
In the case of ex parte John Merryman (1861, Campbell's Reports, 646), he protested against the assumption of power by the President to suspend the privileges of the writ of habeas corpus or to confer that power upon a military officer without the authorization of Congress.
The Habeas Corpus Act was suspended, and the leaders were seized and imprisoned.
HABEAS CORPUS, in English law, a writ issued out of the High Court of Justice commanding the person to whom it is directed to bring the body of a person in his custody before that or some other court for a specified purpose.
There are various forms of the writ, of which the most famous is that known as habeas corpus ad subjiciendum, the well-established remedy for violation of personal liberty.
Of the issue of writs of habeas corpus before the charter.
In Darnel's case (1627) the judges held that the command of the king was a sufficient answer to a writ of habeas corpus.
5) that, contrary to the Great Charter and the good laws and statutes of the realm, divers of the king's subjects had of late been imprisoned without any cause shown, and when they were brought up on habeas corpus ad subjiciendum, and no cause was shown other than the special command of the king signified by the privy council, were nevertheless remanded to prison, and enacted "that no freeman in any such manner as is before mentioned be imprisoned or detained."
Case (1629), when it was successfully returned to a habeas corpus that Selden and others were committed by the king's special command "for notable contempts against the king and his government and for stirring up sedition against him."
2 This led to legislation in 1640 by which, after abolishing the Star Chamber, the right to a habeas corpus was given to test the legality of commitments by command or warrant of the king or the privy council.3 The reign of Charles II.
In 1668 a writ of habeas corpus was issued to test the legality of an imprisonment in Jersey.
In 1679, but rather in consequence of Lord Clarendon's arbitrary proceedings 4 than of Jenkes's case, a fresh bill was introduced which passed both Houses (it is said the upper House by the counting of one stout peer as ten) and became the famous Habeas Corpus Act of 16 79 (31 Car.
It recites that great delays have been used by sheriffs and gaolers in making returns of writs of habeas corpus directed to them; and for the prevention thereof, and the more speedy relief of all persons imprisoned for criminal or supposed criminal matters, it enacts in substance as follows: (r) When a writ of habeas corpus is directed to a sheriff or other person in charge of a prisoner, he must within 3, 10 or 20 days, according to the distance of the place of commitment, bring the body of his prisoner to the court, with the true cause of his detainer or imprisonment - unless the commitment was for treason or felony plainly expressed in the warrant of commitment.
(2) If any person be committed for any crime - unless for treason or felony plainly expressed in the warrant - it shall be lawful for such person or persons (other than persons convicted or in execution by legal process) in time of vacation, to appeal to the lord chancellor as a judge, who shall issue a habeas corpus returnable immediately, and on the return thereof shall discharge the prisoner on giving security for his appearance before the proper court - unless the party so committed is detained upon a legal process or under a justice's warrant for a non-bailable offence.
(3) Persons set at large on habeas corpus shall not be recommitted for the same offence unless by the legal order and process of the court having cognizance of the case.
Error or certiorari to which a writ of habeas corpus might be used as ancillary.
Persons not sui juris detained by those not entitled to their guardianship or lunatics, or persons kidnapped, habeas corpus ad subjiciendum seems not to have been the ordinary common law remedy.
Since that date the habeas corpus ad subjiciendum has been used in cases of illegal detention in private custody.
It enacts (r) that a writ of habeas corpus shall be issued in vacation time in favour of a person restrained of his liberty otherwise than for some criminal or supposed criminal matter (except persons imprisoned for debt or by civil process); (2) that though the return to the writ be good and sufficient in law, the judge shall examine into the truth of the facts set forth in such return, and if they appear doubtful the prisoner shall be bailed; (3) that the writ shall run to any port, harbour, road, creek or bay on the coast of England, although not within the body of any county.
The last clause was intended to meet doubts on the applicability of habeas corpus in cases of illegal detention on board ship, which had been raised owing to a case of detention on a foreign ship in an English port.
The so-called "suspension of the Habeas Corpus Act" bears a certain similarity to what is called in Europe "suspending the constitutional guarantees" or "proclaiming a'state of siege," but "is not in reality more than suspension of one particular remedy for the protection of personal freedom."
Thus habeas corpus ad respondendum is used to bring up a prisoner confined by the process of an inferior court in order to charge him in another proceeding (civil or criminal) in the superior court or some other court.
The common law of Ireland as to the writs of habeas corpus is the same as that in England.
The Habeas Corpus Act 1679 does not apply to Ireland; but its equivalent is supplied by an act of 1781-1782 of the Irish parliament (21 & 22 Geo.
The writ of habeas corpus is unknown to Scots law, nor will it issue from English courts into Scotland.
But by the Supreme Court Ordinance of 1893 that court possesses (inter alia) all the authorities, powers and functions belonging to or incident to a superior court of record in England, which appears to include the power to issue the writ of habeas corpus.
49 of the Supreme Court Ordinance 1889, the court or a judge has power to grant and issue "mandates in the nature of writs of habeas corpus."
The chartered high courts in India have power to issue and enforce the writ of habeas corpus.
The common law as to the writ of habeas corpus has been inherited from England, and has been generally made to apply to commitments and detentions of all kinds.
Thus the constitution provides that "the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require it"; and it has been the subject of much dispute whether the power of suspension under this provision is vested in the president or the congress.
It seems that a state court has no right to issue a habeas corpus for the discharge of a person held under the authority of the federal government.
Paterson, Liberty of the Subject (1877); Short and Mellor, Crown Practice (1890); American: Church on Habeas Corpus (2nd ed.