Writ of habeas corpus Sentence Examples
In Darnel's case (1627) the judges held that the command of the king was a sufficient answer to a writ of habeas corpus.
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.
Her application for a writ of habeas corpus was refused, and on the 16th of March she left London, progressing however, on account of illness and prostration, only as far as Barnet.
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.
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.Advertisement
In 1668 a writ of habeas corpus was issued to test the legality of an imprisonment in Jersey.
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 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.
The chartered high courts in India have power to issue and enforce the writ of habeas corpus.Advertisement
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.
Later in the day, Superior Judge Elliot Craig signed a writ of habeas corpus for Foster 's release.