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1 D.C. 424

Ex parte Sprout

District of Columbia District Court · decided 1807-07-15

Habeas Corpus. It appeared by the return that they were committed by virtue of the following warrant. “ Alexandria County ss. You are required to receive into your jail and custody, Robert Sprout and Thomas Bailey, two sailors belonging to the ship Alexandria, Captain William Weston, they being charged for neglect of duty on board, rioting and threatening to take the life of their captain áhd mate contrary to law. Given under my hand this 14th day of July, 1807. A. Faw.

Decided 1807-07-15

The CoüRt

¶1discharged the prisoners on the ground of the defects in the warrant of commitment. It not being on oath, no time of imprisonment limited, and not under seal.

¶2The Court refused to commit them again on the affidavit of the master, because they doubted whether the authority was not limited to a justice of the peace.

¶3But the Court was clear that the voyage contracted for was not ended until the discharge of the cargo and ballast, if required.

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