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
W.C. Little & Company, 1876 - 670 ページ
レビュー - レビューを書く
他の版 - すべて表示
action affidavit alleged allowed appear application arrest attachment authority bail body bring brought cause charge child citizen civil claimed commitment common law confined Congress considered Constitution contempt conviction criminal custody decided decision defendant denied detained detention determine directed discharge District doubt duty entitled evidence examination execution exercise facts federal given granted ground habeas corpus hear held House illegal important imprisonment indictment inquire issued judge judgment judicial jurisdiction jury justice liberty limited matter means ment nature necessary oath offence officer opinion party person petition petitioner practice present principle prisoner privilege probable proceeding produce proper provisions punishment question reason refused relating remanded remedy restraint rule says secure sentence sheriff statute sufficient supposed Supreme Court taken term tion trial United unless warrant wife writ of habeas
82 ページ - That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law.
649 ページ - States; or, being a subject or citizen of a foreign state, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, or order, or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations; or unless it is necessary to bring the prisoner into court to testify.
137 ページ - That all the before-mentioned courts of the United 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.
96 ページ - 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.
105 ページ - Commentaries in America as in England. General Gage marks out this disposition very particularly in a letter on your table. He states that all the people in his government are lawyers or smatterers in law ; and that in Boston they have been enabled by successful chicane wholly to evade many parts of one of your capital penal constitutions.
159 ページ - 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.
81 ページ - That the pretended power of dispensing with laws, or the execution of laws, by regal authority, as it hath been assumed and exercised of late, is illegal.
114 ページ - ... 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...
104 ページ - 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.