New-York daily tribune., 1863-08-03

corder perform and di,c Nase a Judicial dne: imposed
hss 10 i,.os b.bess 4. derived from tho statute maxim
him a Supreme Cont Co, nui.,oner e r. g. ?. Ml
%.r CO. '' BY I'd sa he % das. Of J".o
Of soprems Court al Chsnbs r under certain limt'on
which not effect this question. the haDe corpus pro
visions spplicson for the writ m be made to any Officer
suho19 TO perform the duties Of Justice Of the Supreme
Cour, .. Chambers p o't ''S dut;,. Of n,ee Of
the suprerse Court at Chambers might ne tne WIN & ~
gsme Court Commi',ionsr was su,nV rn,rt Cpmn.onsr
and by virtue of being such might issue tns wI'' nlon
that the power aud authority OF me hsco'erW ~ IN no bs
considered whether there any distinction between '9e
Chsmbers' and the term vacation" hey are ~
convertible Everything that can be done Ina,a
ben can be done In vacation and the other hama
everything that bs done In vacation can De uon, 80
powers and duties identicsy the same The power OF
the Recorder to issue habsa 10 consequently the she
Chief Justice Kent the of Yates Lausing Johh.
Rep 22l suncaed the doctrine that the allowance o the
ministerial one II this rine Is sound it disposes Of the
Chief Justice Kent at the time he enuncs,ed the dor
ne had In that Of the hobe1i proysion.
which imposed penalty for refusing issue the writ and
he sppea base the doctrine the principle that when
statute pose. the performance Of all act In favor of party
petition being pre'ented drawn in conformity with
specific directions contained IN the staiste itseH ana
preebe, pen. in favor Of ,hs parry op sIS,s a"a
judicial IL s the very nature OF Judicial power sh,t
those in whom It may be vested shall oeede ana sct aeoa
log their honest aud ar judgment without beo abc 70
suitos private parties Tor any error ID tneu
thus giving them es and uncontrolled exercise OF JUDGMENT
r. consequently in the exercise OF Judicial power they
refuse to perform commit error In its Iefiorm
they completed, protected from being called to
the hsbescorpu. act only attach where the
writ refused when 1t was legally applied or In tie
judgment, the officer 10 whom the application should Dc
m.d- then the power iue the writ miiht bo Judicial
since then there would be no restriction on the e1er
ci,e Of the officers judgment -
But the provision would not then answer tho end Intended
s hee could not In any case be recovery qi he peny
Toe penalty hosever imposed iof oiushs 70 sau' VIZ"
wff " hen legally applied for.
If then the officer should make mistake as to the writ
legally applied for he would be liable to tue psbsty
even though tho mistake were honestly made The statute
protect me ohceT has clearly Defined tue pste
ouist.s In order 10 obtain the writ II prescrio~s petition
ard defines with Vacusry it, contents. aud pre,croe.
persons prohibited from prosecuting the "Tt ana
nom n urtiton or TN. comments psny ing It thai the
patty sppyng among those prohibited iiom Posecuus
al. foyi.on. Of TN. statute framed render 1t
scarcely within the bounds OF possibility that the oicsi
shoud any mistake e. whether the Prerequisites hHo
h..n o,n a.. with and hen to make him liable in oil
TO the peusty refusal .ue tho wht unless be could
when sued make II appear 10 tie thucuon OF %. S0ui
before which the ehs. should be inea that she wat had no
bee. apped for. The provisions OF lie act thus de
Irve officer Of that free eIefcs Of usdmeni which -
essential u Judicial power Inc power IN question mss
required In -.cios whether tho petition contains 7
matters prescribed by the 'taioie Luz o 10 he same 'peeie
of jud.ment winch almost every m.uenAl power cal. io
IL (, the .iod Of judsmeat which the Register Of Deeds
required 10 exercise IA s.ceIlAnns whe,hei an acAhow
.dsrnt 10 conformity with tue statute u will scarcely De
thai dty iDpos.d upon the hessss OF 'ers
si every Conveyance has been duly proved acknowledged
ve.t. in tin judicial poser
Bat MI. .p-,e. o. sdsm,u, that free and un,ram
me- , .arlci oi ud winch apperts aud l. esse1t
O. Judicial pow-f nor does tie fact that Judges and ouf
Ar. sefed issue tho writ necessarily judi
pow-T doubt that the psrof ranr. o.
o.afy sterA h. i..f iup0.ea Oh Judse
IN. fc tb.t Juds- /. selected minister perform
n.tca change the natsIs o tn,t al
uaa tHe 10 (of.r-r - t.ntale iat been -
IIrfr fea.ou Tor dselt"s ifon 90. pfeipr
laid down by Cuiei Jl.tIce henr
Having ta, come nion that The OF tho
Kscoa,f .atss' 10 ili''sna ii oio"' TIA, !.
dos not PEE. - CJ Judge undcf ho term Jl.icsl
Iowcnl ,
Uoo Old. o.hsr question t- comuitmeut h ia the form
A. toned O., Authority arl is yuucp. Angg suneirnf
a.. d. axe be vacated lud Tho Fss,f funandsa On
tl- t-mgoiAfy comuiimcli