1822 - Edocs

1
Directing the mode of suing
1-19
AN ACT
out and prosecuting- Writs of Habeas
Corpus.
1. Be it enacted hu the Governor and Legislative Counil
of the Territory of Florida^ That, whenever any* person
detained in custody, whethercharged with a criminal
offence or not, shall by himself, or by some other person
in his behalf, apply to the superior court, or circuit courts
in this Territory, or t$ any judge thereof, in vacation, for
a writ of Habeas Corpus, and shall shew, by affidavit or
other evidence, probable cause to believe that he is detained
in custody without lawful authority, it shall be the
duty of the court, or judge to whom such application
shall be made, forthwith to grant the writ, signed by
himself, directed to the person in whose custody .the applicant
is detained, and returnable immediately, before
such court or judge, or any of the said coup#s or judges ;
Provided, that in all cases where it shall appear necessary,
the court or judge granting the writ, shall previously
require bond with sufficient security, executed in such
manner, and in such reasonable penalty as such, court or
judge shall prescribe, conditioned for the payment of such
charges as .may be awarded agajftt-the prisoner, and that
he will not escape by the way : "Every,, bond so executed
shall be recorded with*the other proceedings, as hereinafter
provided for; and may be sued on, in foe name of
the person to whom it is made payable, for the benefit of
any person really interested therein.
2. Be it furtherenacted, That;, whenever any .such writ
->hall be served on the officer or other persoai tp whom, it
is directed^or, in his absence, from the place v.here the
prisoner is confined, or the person having the immediate
custody of the prisoner, it shall-: be the duty of him, on
whom the writ shall be executed* witjnput delay, to bring,
the body of the prisoner, or cause it to be brought befose
the court, or judge, before whom the writ is made returnable,
or, in case of the absence o£,suc-h court (jrjud^e, before
any of them, and, at the same time, to certify the
cause of the Retainer of such prisoner.
3. Be it further enacted^ That, -ny person failing toreturn
the writ so served upon him, with the cause of the
prisoners detainer, or to bring the body of tjtfe prisoner
before the court or judge, according to the command of
the writ, for three days after such service, or when the
prisoner is to be brought more than twenty miles, for so
many days more as will be equal to ptie day for every
twenty miles of such further distance, shall forfeit and
pay to the prisoner the sum of three hundred dollars, the
right to recover which shall not cease by the death of either
or both of the parties.
4. Be it further enacted, That, it shall be lawful for a
Application to sii
penor or circuit
court—or any
judge.
Granted forthwi .
Proviso for bone
Body of the prisoner
to be brought
without delay.
Person failing to
return writ or briii£
prisoner.
Judge in vacatio:
has full power.