 | New York (State) - 1829 - 878 էջ
...detention is unlawful, or that he is entitled to his discharge ; which allegations or denials shall be on oath ; and thereupon such court or officer shall...dispose of such party as the justice of the case may require. $ 49. Whenever, from the sickness or infirmity of the person di- sickntn, *c. rected to be... | |
 | New York (State) - 1829 - 882 էջ
...detention is unlawful, or that he is entitled to his discharge ; which allegations or denials shall be on oath ; and thereupon such court or officer shall...dispose of such party as the justice of the case may require. $ 49. Whenever, from the sickness or infirmity of the person di- sicknen, &c. reeled to be... | |
 | Wisconsin - 1839 - 476 էջ
...he is entitled to his discharge, which allegations or denials shall be on oath ; and thereupon such officer shall proceed in a summary way to hear such...dispose of such party as the justice of the case may require. S 27. Whenever from the sickness or infirmity of the person di- Pr reeled to be produced by... | |
 | Alexander McLeod, Marcus Tullius Cicero Gould - 1841 - 426 էջ
...detention is unlawful, or that he is entitled to his discharge ; which allegation or denial shall be on oath, and thereupon such Court or officer shall...dispose . of such party as the justice of the case may require." The counsel said that it seemed to him that language could not be employed to confer broader... | |
 | Daniel Bryant Tallmadge - 1841 - 58 էջ
...forty-eighth section authorizes, in express terms, the Judge, after hearing the "allegations and proofs to dispose of such party as the justice of the case may require." The fortieth section of the act specifically directs when the party shall be remanded, and... | |
 | Samuel Hazard - 1841 - 440 էջ
...detention is unlawful, or that he • is entitled to his discharge, which allegations or denials j shall bo on oath ; and thereupon such Court or officer shall...statute, the prisoner's counsel claim the right of going behind the indictment, and proving that he is not guilty by affidavit, as lie may by oral testimony... | |
 | Michigan - 1846 - 896 էջ
...detention is unlawful, or that he is entitled to his discharge ; which allegations or denials shall be on oath ; and thereupon such court or officer shall...detention, or against the same, and to dispose of such Sac. 37. Whenever, from the sickness or infirmity of the person direc- ¿ &¿. ¿ ted to be produced... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 էջ
...his discharge ; which allegations or denials shall be on oath : and, thereupon, the court or judge shall proceed in a summary way, to hear such allegations...detention, or against the same, and to dispose of the party, as the justice of the case may require. § 279. Whenever, from the sickness or infirmity... | |
 | Nathan Howard (Jr.) - 1853 - 594 էջ
...detention is unlawful, or that he is entitled to his discharge ; which allegations or denials shall be on oath ; and thereupon, such court or officer shall...dispose of such party as the justice of the case may require." The language of this section allows, not only a contradiction of the return, but an avoidance... | |
 | Oregon - 1855 - 670 էջ
...entitled to his discharge, which allegations or denials shall be on oath ; and thereupon the j udge shall proceed in a summary way to hear such allegations...dispose of such party as the justice of the case may require. sickness, gEC ofi. Whenever, from sickness or infirmity of the person dietc.t of pri- _'_... | |
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... allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge. 
