Habeas Corpus_page 61

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Title (1851) Acts Resolutions and Memorials Passed by the First Annual and Special Sessions of the Legislative Assembly of the Territory of Utah, 1851
Subject Law; Legislation--Utah
Description (1851) Session law from the first legislature of the Utah territory. Organizes government, reenacts laws of Deseret
Publisher By authority of the Legislative Assembly, Great Salt Lake City
Date 1852
Type Text
Format image/jpeg
Digitization Specifications Photocopies scanned with Epson Expression 1640 XL and saved as 400 ppi TIFF's. Display JPEG's created in PhotoshopCS at 800 x 1125 ppi.
Language eng
Rights Management Digital image copyright 2005, S.J. Quinney College of Law. All rights reserved.
Holding Institution S.J. Quinney College of Law, The University of Utah, South 1400 East, Salt Lake City, UT 84112-0730.
Source Physical Dimensions 15 cm x 23.5cm
Metadata Cataloger Kelly Taylor; Jan Robertson
Scanning Technician Amanda Wilson
ARK ark:/87278/s60v8dhv
Setname uu_law_uschs
Date Created 2005-11-08
Date Modified 2012-06-05
ID 716954
Reference URL

Page Metadata

Title Habeas Corpus_page 61
Description 61 ly and unequivocally, whether he then has, or at any time*nswer-has had the plaintiff under his control and restraint, and if so, the cause thereof. If he has transferred him, he must state the fact, and to whom, and the time thereof, as well as the reason or authority therefor. Sec. 16 Any Judge, whether acting individually, or judge may i>9 as a member of the court, who wrongfully and wilfully re-fl£®sd0*"(fim^ fuses to award such writ whenever proper application forp IS the same is made, shall forfeit and pay the sum of one thousand dollars, which may be recovered by an action of debt for the use of the Territory; and may be imprisoned for a term not exceeding one year. Sec. 17. Until the sufficiency of the cause of restraintPlai.nti^.t0 *»<> * . j , , ., ¦. c , . J , , ., , . ,.„, . retained m cus is determined, the defendant may retain the plaintiff mtody, his custody, and may use all necessary and proper means for that purpose. Sec. 18. The plaintiff in writing, or by his Attorney pontiff may may waive his right to be present at the trial, in whichbe abstnt. case the proceedings may be had in his absence The writ in such cases will be modified accordingly. If no sufficient, just legal cause of detention is shown, the plaintiff must be discharged. ^ Sec. 19. Upon the return of any writ of Habeas.Cor- ^court?8 °f pus, the court or judge, shall, after having given sufficient notice, proceed in a summary manner to settle the said facts, by hearing the testimony and arguments, as well of all parties interested civily if any there be, as of the prisoner or prisoners; and the person or persons who hold him, her, or them in custody, and shall dispose of the prisoner or prisoners, as the case may require, in all cases where the imprisonment is for a criminal offence, and there is not sufficient cause, for discharge; and although the commitment may have been iniformally made, or without due authority, or the process may have been executed by a person not duly authorized, the court may make a new commitment, or admit the party to bail if the case be bailable. ^ Secs. 20. Disobedience to any order of discharge orP»n© and im-attempt to elude the service of the writ of Habeas Corpus, deSnt? or to avoid the effect thereof, subjects the defendant to a
Format image/jpeg
Identifier 079_Habeas Corpus_page 61.jpg
Source Original Book: Laws and Ordinances of the State of Deseret (Utah) Compilation 1851
Setname uu_law_uschs
Date Created 2005-11-08
Date Modified 2005-11-08
ID 716755
Reference URL