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Home > History and Archaeology > History > Criminal Process; Or, a View of the Whole Proceedings Taken in Criminal Prosecutions, from Arrest to Judgment and Execution Intended as an Introduction to the Study and Practice of Crown Law
Criminal Process; Or, a View of the Whole Proceedings Taken in Criminal Prosecutions, from Arrest to Judgment and Execution Intended as an Introduction to the Study and Practice of Crown Law

Criminal Process; Or, a View of the Whole Proceedings Taken in Criminal Prosecutions, from Arrest to Judgment and Execution Intended as an Introduction to the Study and Practice of Crown Law


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER V. HABEAS CORPUS. Whenever a person is restrained of his liberty, whether in prison or by a private person, and whether for a criminal or civil cause, he may, by Habeas Corpus, have his body, and the proceedings under which he is detained, removed to some superior jurisdiction having authority to examine the legality of the commitment, and on the return to the writ, he will be discharged, bailed, or remanded. There are three descriptions of writs of Habeas Corpus, namely, the Habeas Corpus adsub- jiciendum, the Habeas Corpus ad deliberandum et recipiendum, and the Habeas Corpus cum causa. The principal Habeas Corpus Act, 31 Cha. II. c. 2, was passed owing to the delays which arose from sheriffs and other officers having persons in custody, and neglecting to make returns to writs of Habeas Corpus. The writ is obtained by motion to the court in term, and by application to a judge in vacation. It must be signed by the judge by whom it is granted. The party to whom the writ is directed is bound to return the body within three days if twenty miles, ten days if within a hundred miles, and twenty days for any greater distance. The depositions, in obedience to a cer- tiorari issued from the crown office with the Habeas Corpus, are returned by the magistrate COURTS OF CRIMINAL JURISDICTION. 19 who committed, for the information of the court. Upon the writ being returned, the counsel for the prisoner may move to file the return, and that the prisoner be called into court and the return read; after which the counsel proceeds to argue the illegality of the commitment. The judges, after argument, either discharge, bail, or remand the prisoner. The writ of Habeas Corpus ad deliberandum et recipiendum lies to remove a prisoner to take his trial in the county where the offenc...


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Product Details
  • ISBN-13: 9781459074798
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 48
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1459074793
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 104 gr

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Criminal Process; Or, a View of the Whole Proceedings Taken in Criminal Prosecutions, from Arrest to Judgment and Execution Intended as an Introduction to the Study and Practice of Crown Law
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