History of the Church of Jesus Christ of Latter-day Saints, Volume 5Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 5
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
Sec. 8. If any person or persons shall be committed for a criminal
matter, in case of the absence of a witness or witnesses whose
testimony may be considered to be of importance in behalf of the
people, the municipal court may adjourn from time to time at its
discretion, provided they decide upon the case within thirty days,
if it shall appear by oath or affirmation that the witness or
witnesses for the people of the state are absent, such witness or
witnesses being mentioned by name, and the court shown wherein
their testimony is material.
Sec. 9. Any person or persons being committed to the city or county
jail, as provided in the Charter in the City of Nauvoo, or in the
custody of an officer, sheriff, jailer, keeper, or other person
or persons, or his or their under-officer or deputy, for any
criminal or supposed criminal matter, shall not be removed from
said prison or custody into any prison or custody, unless it be by
habeas corpus, or by an order of the municipal court, or in case
of sudden fire, infection, or other necessities; if any person or
persons shall, after such commitment as aforesaid, make out, sign,
or countersign any warrant or warrants for such removal, then he or
they shall forfeit to the prisoner or prisoners aggrieved a sum not
exceeding five hundred dollars, to be recovered by the prisoner or
prisoners aggrieved, in the manner hereinafter mentioned.
Sec. 10. If any member of the municipal court, or the clerk of said
court shall corruptly refuse or neglect to issue writ or writs
of habeas corpus when legally applied to in a case where such
writ or writs may lawfully issue, or who shall for the purpose of
oppression unreasonably delay the issuing of such writ or writs,
shall for every such offense forfeit to the prisoner or prisoners,
party or parties aggrieved, a sum not less than five hundred
dollars and not exceeding one thousand dollars, and be imprisoned
for six months.
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