habeas corpus

In exceptional cases where, because of special circumstances, its use as an aid to an appeal over which the court has jurisdiction may fairly be said to be reasonably necessary in the interest of justice, the writ of habeas corpus is available to a circuit court of appeals.

Lat. (You have the body.) The name given to a variety of writs, (of which these were anciently the emphatic words,) having for their object to bring a party before a court or judge. In common usage, and whenever these words are used alone, they are understood to mean the habeas corpus ad subjiciendum, (see infra.)

— Habeas corpus act. The English statute of 31 Car. II. c. 2, is the original and prominent habeas corpus act. It was amended and supplemented by St. 56 Geo. III. c. 100. And similar statutes have been enacted in all the United States. This act is justly regarded as the great constitutional guaranty of personal liberty

— Habeas corpus ad deliberandum et recipiendum. A writ which is issued to remove, for trini, a person confined in one county to the county or place where the offense of which he is accused was committed. Bac. Abr. "Habeas Oorpus," A; 1 Chit Crim. Law, 132. Ex parte Bollman, 4 Cranch, 97, 2 L. Ed. 554. Thus, it has been granted to remove a person in custody for contempt to take his trial for erjury in another county. 1 Tyrw. 185.

— Habeas corpus ad faciendum et recipiendum. A writ issuing in civil cases to remove the cause, as also the body of the defendant, from an inferior court to a superior court having jurisdiction, there to be disposed of. It is also called "habeas corpus cum causa." Ex parte Bollman, 4 Cranch, 07, 2 L. Ed. 554

— Habeas corpus ad prosequendum. A writ which issues when it is necessary to remove a prisoner in order to prosecute in the proper jurisdiction wherein the fact was committed. 3 Bl. Comm. 130.

— Habeas corpus ad respondendum. A writ which is usually employed in civil cases to remove a person out of the custody of one court into that of another, in order that he may be sued and answer the action in the latter. 2 Sell Pr. 259; 2 Mod. 198; 3 Bl. Comm. 129; 1 Tidd, Pr. 300.

— Habeas corpus ad satisfaciendum. In English practice. A writ which issues when a prisoner has bad judgment against him in an action, and the plaintiff is desirous to bring him up to some superior court, to charge him with process of execution. 3 Bl. Comm. 129, 130; 3 Steph. Comm. 693; 1 Tidd, Pr. 350.

— Habeas corpus ad subjiciendum. A writ directed to the person detaining another, and commanding him to produce the body of the prisoner, (or person detained,) with the day and cause of his caption and detention, ad faciendum, subjiciendum et recipiendum, to do, submit to, and receive whatsoever the judge or court awarding the writ shall consider in that behalf. 3 Bl. Comm. 131; 3 Steph. Comm. 695. This is the well-known remedy for deliverance from illegal confinement, calied by Sir William Blackstone the most celebrated writ in the English law, and the great and efficacious writ in all manner of illegal confinement. 3 Bl. Comm. 129

— Habeas corpus ad testificandum. A writ to bring a witness into court, when he is in custody at the time of a trial, commanding the sheriff to have his body before the court, to testify in the cause. 3 Bl. Comm. 130; 2 Tidd, Pr. 809. Ex parte Marmaduke, 91 Mo. 250, 4 S. W. 91, 60 Am. Rep 250.

— Habeas corpus cum causa. (You have the body, with the cause.) Another name for the writ of habeas corpus ad. faciendum et recipiendum, (q. v.) 1 Tidd, Pr. 348, 349.

I. L That you have the body.

In a general sense, any writ having for its object to bring a person before a court or judge, as, for instance, a common capias; but more particularly any one of the special writs named below which issue to inquire into the cause of an imprisonment or other detention and so to procure the person's liberation. Habeas corpus ad subjiciendnm: that you have the body, to submit to; a writ directed to a person detaining another, and commanding him to produce the body of the person detained, with the day and cause of his caption and detention, to submit to whatever the judge or court awarding the writ shall consider in that behalf. Habeas corpns ad testificandum: that you have the* body, to testify; a writ to bring into court a witness in In English law. Habeas corpns act: the statute of 31 Charles IL, c. 8, providing the great remedy for the violation of personal liberty, by the writ of habeas corpus ad subjiciendum. Habeas corpus ad faciendum et recipiendum: that you have the body, to do and receive; a writ which issues out of any of the courts of Westminster Hall, when a person sued in an inferior jurisdiction desires to remove the action into the superior court, commanding the inferior judges to produce the body of the defendant, with the day and cause of his caption and detainer. Habeas corpus ad respondendum: that you have the body, to answer; a writ which issues where one has a cause of action against one who is confined by the process of some inferior court, to remove the prisoner, and charge him with the new action in the court above. Habeas corpus ad prosequendum: that you have the body, to prosecute; a writ which issues when it is necessary to remove a prisoner for trial in the proper jurisdiction. Habeas corpus ad satisfaciendum: that you have the body, to satisfy; a writ which issues when a prisoner has had judgment against him, and the plaintiff wishes to bring him up to some superior court, to charge him in execution. Habeas corpus cnm causa: that you have the body, with the cause; another name for the writ of habeas corpus ad faciendum et recipiendum. Habeas corpora juratoriim: that you have the bodies of the jurors, a compulsive process awarded against jurors in the Common Pleas, commanding the sheriff to have their bodies before the court on the day appointed. It corresponds with the distringas Juratores, issued in the Queen's Bench. Habemus optimum testem confltentem reum, I. We have the best witness — a confessing defendant

(You have the body.) The name given toa variety of writs, (of which these were anciently the emphatic words,) having for their object to bring a party before a court or judge. In common usage, and whenever these words are used alone, they are understood to mean the hebeas corpus ad subjiciendum, (gq. 0.)

I. (That you have the body.) A name given to a number of writs having for their object to bring [a person to court, and particularly the Habeas corpus ad subjiciendum: a writ directed to a person detaining the body of another, to' inquire into the cause of the detention, and have him submit to whatever the court shall direct. Habeas corpus ad faciendum et recipiendum: a writ to remove the cause, as well as the body of the defendant, to the jurisdiction of a superior court; also called habeas corpus cum causa. Habeas corpus ad prosequendum, testiiicandum, deliberandum, etc.: to remove the body of the prisoner to be prosecuted or to testify in the higher court, in the proper jurisdiction. So ad satisfaciendum, to charge him, upon judgment in an iaferior court, with execution in the superior. Habeas corpora juratorum: a writ for the sheriff to compel attendance of jurymen in the C. P., hke a distringas juratores in the K. B.

remedies. A writ of habeas corpus is an order in writing, signed by the judge who grants the same, and sealed with the seal of a court of which he is a judge, issued in the name of the sovereignty where it is granted, by such a court or a judge thereof, having lawful 417; 1 Bell’s Com. 469; Dane’s Ab. Index, h. t.; Yelv. 67, a; Smith’s Leading Cases, 47; 8 Co. 32.