Page:United States Statutes at Large Volume 18 Part 1.djvu/215

Trrnm xm.—'1‘HE Jl`DICIAR.Y.——Ch. 13. 143 Sec. 755. The court, or justice, or judge to whom such application is All¤W¤n¤¤¤¤d<§i- made shall forthwith award a writ of habeas corpus, unless it appears ’°°“°“ °m‘° Wmfrom the petition itself that the party is not entitled thereto. The writ 5 Feb,, 1867, c, shall be directed to the person in whose custody the party is detained. 28,¤ 1,v.14,p.385. Er parte Watkiins, 3 Pet., 193; Er parte Milligan, 4 Wall., 2, (110.) Sec. 756. Any rson to whom such writ is directed shall make due Time of return. return thereof within three days thereafter, unless the party be detained " beyond the distance of twenty miles; and if beyond that distance and s_ 1,,-jk, p_§§5_' not beyond a distance of a hundred miles, within ten days: and if heyond the distance of a hundred miles, within twenty days. Sec. 757. The person to whom the writ is directed shall certify to the Form of return. court, or justice, or judge before whom it is returnable the true cause of *5 the detention of such party. s. 1, v. iii, p. hss., Sec. 758. The person making the return shall at the same time bring Body of the 7,,,. the body of the party before the judge who granted the writ. ty to beprodueed. 5 Feb., 1867, c. 28, s. 1, v. 14, p. 385. Sec. 759. When the writ is returned, a da · shall be set for the hear- Day for hearing. ing of the cause, not exceeding five days thereafter, unless the party 5Feb.,1867,c.28, petitioning requests a longer time. ¤· L V- 14. p· 385- Sec. 760. The petitioner or the party imprisoned or restrained may Deniilofmtum. deny any of the facts set forth in the return, or may allege any other $9““*°""‘u°¥'g·' facts that may be material in the case. Said denials or allegations shall ,,;g,;15;’ um ML ` be under oath. The return and all suggestions _ me against it may be —%——? amended. by leave of the court, orjustice, or judge, before or after the same 285_1§°l?‘·,g86%· are filed, so that thereby the material facts may be ascertained. "` "` ’p` ' Sec. 761. The court, or justice, or judge shall proceed in a summary _ S“m_m¤’! h<*¤T· way to determine the facts of the case, by hearing the testimony and '"${vd'°p°“m°" °f arguments, and thereupon to dispose of the party as law and justice -g-2-é- '°q“"°· s. 1,v. ik, Sec. 762. When a writ of habeas corpus is issued in the case of any In cases iinvolvprisoner who, being a subject or citizen of a foreign state and domiciled 198 the iw OY M- therein, is committed, or confined, or in custody, by or under the author- ;‘;_';;h“°;:° ity or law of any one of the United States, or process founded thereon, ,m,0,.n€y_g,,,,€,.,,j_ on account of any act done or omitted under an alleged right, title, QT authority, privilege, protection, or exemption, claimed under the com- 257 ,, 539* °‘ mission or order or sanction of any foreign state, or under color thereof, ’’` the validity and effect whereof depend upon the law of nations, notice of the said proceeding, to be prescribed by the court, or justice, or judge at the time of ranting said writ, shall be served on the attorney-gem eral or other oécer rosecuting the pleas of said State, and due proof of such service shall he made to the court, or justice, or judge before the hearin . S1=:c.g763. From the final decision of any court, justice, or judge inferior Appeals in cases to the circuit court, upon an application for a writ of habeas corpus or 0F "“,t‘” ’g’t‘1”°·’ *° upon such writ when issued, an appeal mzty be taken to the circuit court for the district in which the cause is hear : 29 A¤2-,1842.¢- 1. In the case of any person alleged to be restrained of his liberty in 25gt};b5·,§5?i9é8 violation of the Constitution, or of any law or treaty of the United ,,_ 1, v_ j'.,, p_’8g5_’ States. 27 Mar., 1868, e. 2. ln the case of an · risoner who, being a subject or citizen of a for- 34.¤-2N-15.P-4* eign state, and domicilyed) therein, is committed or confined, or in custody 11: apart: McCarby or under the authority or law of the United States, or of any State, *2]% wm-· M8? · x rteMcCardle, or roeess founded thereon, for or on account of any act done or omitted 7 #:17 506, E, under any alleged right, title, authority, privilege, protection, or exemp- 7;, {,,,3,,}, g tion, set up or claimed under the commission, order, or sanction of any Wall., 85. foreign state or sovereignty, the validity and effect whereof depend upon the law of nations, or under color thereof. Sec. 764. From the final decision of such circuit court an alppeal may Appeal to Sube taken to the Supreme Court in the cases described in the ast clause BL° of the preceding section. 25g?,, 5*5,; 55,5 ’ °'