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EDWARD LLOYD, ESQUIRE, GOVERNOR.
shall, within the times before respectively limited, bring
the prisoner or person detained before the said chancellor, judge or
chief justice, before whom the writ is made returnable, or in case
of his absence, before any other of them, with the return of the
writ, and the true causes, if any, of the commitment or detainer (a),
and thereupon the chancellor, judge or justice, before whom the
prisoner shall be brought, shall, within two days thereafter, discharge
him or her from imprisonment, taking his or her recognizance,
with security, in any sum, according to the direction of the
chancellor, judge or justice, having regard to the circumstances of
the prisoner and the nature of the offence, for his or her appearance
in the county court the term following, or in some other court where
the offence is properly cognizable, as the cause may require, and
then also certify the same writ, with the return thereof, and the
said recognizance, into the said court where such appearance is to
be made, unless it appear to the chancellor, judge or justice, that
the party so committed is detained upon a legal process, under a
warrant out of some court that hath jurisdiction of criminal matters,
or by some warrant signed with the hand of any of the said
judges or justice, or some justice of the peace, for such matter or
offence for which by law the prisoner is not bailable, or if it shall
appear that such person is detained without any legal warrant or
authority, such chancellor, judge or justice, shall immediately release
and discharge such person from such illegal detention or restraint.
(a) See note to section 1. |
NOV. 1809.
CHAP. 125. |
3. AND BE IT ENACTED, That any officer or
other person neglecting
or refusing to make the return as aforesaid, or to bring the
body of the prisoner or person detained, according to the command
of the writ, within the time aforesaid, or not delivering a true copy
of the warrant of commitment or detainer, if any there be, within
six hours after demand thereof, made, to the prisoner or person demanding
it on his or her behalf, which copy the officer or other person
is hereby required to deliver, shall forfeit to the prisoner five
hundred dollars, to recover which the right of action shall not cease
by the death of either or both of the parties. |
Penalty on the officer
for neglect
of duty. |
4. AND BE IT ENACTED, That no person
who shall have been
delivered upon a habeas corpus shall afterwards be imprisoned or
committed for the same offence, otherwise than by the order or process
of the court wherein he or she shall be bound by recognizance
to appear, or some other court having jurisdiction of the cause, or
upon surrender by his or her bail. |
Persons delivered
upon a habeas
corpus not to be
imprisoned, &c. |
5. AND BE IT ENACTED, That a citizen of this
state, committed
to prison in custody of an officer for any criminal matter, shall not
be removed from thence into the custody of another officer, unless
it be by habeas corpus, or by other legal writ, or where the prisoner
shall be delivered to the constable or other inferior officer to be
carried to some common gaol, or shall be removed from one place
to another within the said county, or any adjoining county, in order
to his discharge or trial in due course of law, or in case of
sudden fire or infection, or other necessity, or where the prisoner
shall be charged, by affidavit, with treason or felony alleged to be
done in any other of the United States of America, or the territories
thereof, in which last case he or she shall, on the demand of |
Persons committed
to prison in custody
of an officer,
not to be removed
to the custody of
another, unless by
writ, &c. |
VOL. II.
34
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