1822 - Edocs
1822 - Edocs
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.