Page:United States Statutes at Large Volume 14.djvu/416

 386 THIRTY-NINTH CONGRESS. Sess. II. Ch. 28. 1867. contravention of the constitution or laws of the United States. Said Writ new to writ shall be directed to the person m whose custody the party is detained, be d“'°°*°d· who shall make return of said writ and br¤n¤‘ the party before the judge Return to be. . ° . made, and who granted the writ, and certify the true cause of the detention of such vyirlnin what person within three days thereafter, unless such person be detained bg. °""°‘ yond the distance of twenty miles; and if beyond the distance of twenty miles and not above one hundred miles, then within ten days; and if be- Upon the re- youd the distance of one hundred miles, then within twenty days. And g:;";.; ‘lfg:_Qn*g° upon the return of the writ of habeas corpus a day shall be set for the me msc, and hearing of the cause, not exceeding five days thereafter, unless the party within WM petitinning shall request a longer time. The petitioner may deny any °"f,‘:m,°nc, of the material facts set forth in the return, or may allege any fact to may on cam de- show that the detention is in contravention of the constitution or laws of PY *`*‘°”*°°’"°"h the United States, which allevations or denials shall be made on oath. m the return and, ,. _ ° I f. h. alhgc ,,,,,,,,,,_ llie said return may be amended by eave 0 the court or judge before Return mnv or after the same is tiled, as also may all suggestions made avainst it, b°g;f;‘d§;l·&°' that thereby the material facts may be ascertained. The saidccourt or ‘ Judge to deter- judge shall proceed in a summary way to determine the facts of the case, 32; hy hearing testimony and the arguments0f the parties interested, and if d,sc,m.g_, the xt shall appear that the petitioner IS deprived of his or her liberty in conpctitio¤e»·if,&c. travention of the constitution or laws of the United States, he or she Penalty for shall forthwith be discharged and set at liberty. And if any person or "°f“Sl"g '° °b°Y e- t who such w 't f h b b d` t d l ll · f the wm, &c_; p isons o m ri 0 a eas corpus may e irec e sia ie use for notmaking to obey the same, or shall neglect or refuse to make return, or shall make !';*¤Y;· é’5_g¤’;_l;; a false return thereto, in addition to the remedies already given by law, lug ° he or they shall be deemed and taken to be guilty of a. misdemeanor, and shall, on conviction before any court of competent jurisdiction, be mn- ‘hdb6 1: d' th ddl} db'it 1S e y ne no excee mv one thousand dollars, an y imprisonmen not exceeding one year, or hy either, according to the nature and aggravation of the case. From the final decision of any judge, justice, or court, Appeals. inferior to the circuit court, an appeal may be taken to the circuit court of the United States for the district in which said cause is heard, and from the judgment of said circuit court to the Supreme Court of the United mT¢fm:;né‘°£€:· States, on such terms and under such regulations and orders, as well for dcgnigspectiné the custody and appearance of the person alleged to be restrained of his appeals, &c. or her liberty, as for sending up to the appellate tribunal a transcript of the petition, writ of habeas corpus, return thereto, and other proceedings, as may be prescribed by the Supreme Court, or, in default of such, as Péepding pro- the judge hearing said cause may prescribe; and pending such proceed- °g;,Y‘“§;é"` Qggr ings or appeal, and until final judgment be rendered therein, and after html judgment final judgment of discharge in the same, any proceeding against such perdi;g2;E;¤8n{P° son so alleged to be restrained of his or her liberty in any State court, grocaedigsin or by or under the authority of any State, for any matter or thing so Stage court to be heard and determined, or in process of being heard and determined, un- ““ · derdand by virtue of shch writ of habeas corpus, shall be deemed null and von . f SVS6g0F Sec. 2. And be it further enacted, That a. final judgment or decree in {gmc Com., 0, any suit in the highest court of a State in which a decision in the suit the United could be had, where IS drawn m question the validity of a treaty or statst“*°$· f°" Whali ute of or an authorit exercised under the Un`ted `St t d tl d ` causesmay be. . ’ . . y. . .’ 1. a.es’ an I? . ems- ,s,,,€d_ ion is against their validity, or where IS drawn m question the validity of a. statute of or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties, or laws of the United etatcs, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution, or any treaty or statute of or commission held, or authority exercised under the United States, and the decision is against the title, right, privilege, or immunity specially set up iorlclaimed by either party under such constitution, treaty, statute, commission, or authority, may be re-examined and re-