Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1867-04-13
[ofFIcIAL.
LAWS OF THE UNITED STATES,
PASSED At the second session OF the 2 hArty
NiMala Congress.
PUDLlc-No. Is!


An Act to amend I" An act to establish the
judicial courts of the United States"
approved September twenty fourth,
n seventeen hundred and cightynine.
he it cnacicd by the Srnafe and House
If Representatives Of tile United States Of
-lmcrica in Conyrcssa 0sArmJ/cd, That
tho several courts of of the United States,
and the several justices and judges Of such
courts, within their respective jurisdiction,
in nddi ion to the authority already con-
f'rr'd 6by law. shall have p'wera to grant
wris of habcas corpus in all cases where
any person may be restrained Of his or
her liberty in violation ofthe Constitution,
or of any treaty or law of the United States |;
md it shall be lawful for such person so
restrained of his or her liberty to apply to
said Justices or Judges for Il writ of ha-
l,cas corpus. which application shall be in
wr;tin.; aud verified by affidavit, and shall
set firth tho facts concerning the drten ion
of the party applying, in whose custody he
or sh, is detained, and By virtue OF what
claim or authority, if known; and the
said jusic or judge to whom sucl, nppli-
cation shall be made shall forthwith award
writff habcas corpus, unl.ss it shall ap-
pear fro n the petition itself that the palt ty
is not 4 'privcd of his or her libclty in con-
tr.vcniion of the Constitution OF, laws Of
the United States. Siil writ shall .c
directed to the person in whoc custody
the party is detained. who shall make re-.
turn Of said writ and bring the party be-
fore the Judge who granted the writ, and
certify the true cause Of the detention of
such person within three days thereafter,
unless such person be detained beyond the
distance Of twenty miles, and. il beyond
the distance Of twenty miles and not above
one hundred miles, then within ten days
and if beyond the distance of one hundred
miles, then within twenty days. And upon
the return of the writ Of habcas corpus IA
day shall be set for the hearing of the cause,
not exceeding five days thereafter, unless
the party petitioning shall request longer
time. The petitioner may deny any of
tue material facts set forth in the 7, turn or
may allege any fact to sh Nv that the deten.
tion is in confirmation of the Constitution
OF laws Of the United States, which allega
tions or denials shall be made on oath.
The said return may bs amended by leave
ofthe court or Judge before or after the
same is filed, - also may all suggsx tions
made against it. that thereby the material
facts may be a,c~rtained. That said court
or judge shall proceed in summary way
to ds:ermiEs the facts Of the cause, by
hearing testimony and the arguments ol
TIA parties interes:ed and il it shall ap.
Pesr that tAe pstisioues is deprived Of biz
q her liberty in eontravation Of the Con.
stitstioa o. laws Of tie United States, b.
q she shall fasth~ith be discharged and
Set at liberty And Il any prr.on or per-
soas n whom such wit of hsbe.s rospus
may be dir~efed shall refuse % hey the
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