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1822 - Edocs

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151<br />

.xtion of false imprisonment : nor shall any person who<br />

^hctll be discharged from confinement by such judgment<br />

be afterwards confined or imprisoned for the same cause,<br />

unless by the order or judgment of a court of competent<br />

jurisdiction.<br />

10. Be it further enacted, That, if any party to such Writ of error fee<br />

judgment rendered by a judge of the circuit court in vacation,<br />

or the said court in term time, shall feel himself<br />

aggrieved thereoy, it shall be lawful for the superior court<br />

having jurisdiction—On his motion to grant a writ of error<br />

; and upon the trial, to reverse or affirm the judgment,<br />

wholly or in part ; and to cause such other judgment<br />

to be entered, and such other proceedings to be had<br />

as the law and the right of the case may require ; either<br />

awarding costs or not, at their discretion.<br />

11. Be it further enacted, That the trial -pf all writs of Precedence<br />

error to judgments in the case of habeas corpus, shall have<br />

preference in the superior courts to all other trials.<br />

EDMUND LAW, *<br />

President of the Legislative Council,<br />

r<br />

Aflproved September 16///, <strong>1822</strong>.1<br />

WILLIAM P* DUVAL,<br />

GoYernor of the Territory o£ Florida.<br />

TEST,<br />

ROBERT MITCHELL,<br />

Clerk of the Legislative Council.<br />

AN ACT<br />

For the apprehension of criminals, and the punishment q£ crimes and<br />

misdemeanors.<br />

1. Be it enacted by the Governor and Legislative Council<br />

of the "Territory of Florida, That, when any person<br />

shall be charged before a justice of the peace, with any<br />

criminal offence, it shall be the duty of said justice forthwith<br />

to issue his warrant for the apprehension of the suspected<br />

criminal, directed to any sheriff or 'constable of<br />

his county, commanding him to arrest sucli suspected<br />

criminal, and bring him before any justice of the peace,<br />

whose duty it shall be to issue his warrant to the officer<br />

directing him to confine the prisoner, in the jail of his<br />

county, and to- summon two justices of the peace of his<br />

county, to meet at the court house of the county upon a<br />

day fixed within ten days, to hold a court for the examina-<br />

tion of the fact.<br />

2. Be itfurther enacted, That, the two justices having<br />

met as aforesaid, shall consider, whether, as the case<br />

may appear to them, the prisoner may be discharged from<br />

further prosecution, or may be tried in the circuit court<br />

where it has jurisdiction, and where it has not, in the superior<br />

court having cognizance of the offence, provided,<br />

Warrant tor<br />

hension.<br />

however, that the decision of the justices shall be no bar Discharge no bur.<br />

ippr<br />

For confinement.<br />

Two justices<br />

discharge.

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