Thursday, November 5, 2009

Habeas Corpus (6)

Habeas Corpus Ad Faciendum Et Recipiendum.

A writ by which a superior court commands an inferior court to produce the body of a defendant, together with the cause (whence the writ is also called a habeas corpus cum causa), or grounds of his being taken and held, there to do and receive whatsoever shall be adjudged of him in the superior court. The writ is sometimes used in the United States.

Habeas Corpus Ad Prosequendum.

A writ issued to remove a prisoner for trial in the jurisdiction where the act was committed.

Habeas Corpus Ad Respondendum.

A writ for bringing up a prisoner from a lower court to be charged with a new offense.

Habeas Corpus Ad Satisfaciendum.

A writ used to bring up a witness to a superior court to charge him with process of execution upon a judgment.

Habeas Corpus Ad Testificandum.

A writ used to bring a witness into court when he is in custody at the time of the trial. It directs the sheriff to have his body in court. The power to issue writs of habeas corpus ad testificandum in cases where it is necessary to bring prisoners into court to testify is vested in the Federal courts by the General Judiciary Act of 1789.

CONSULT: Church, Habeas Corpus, with Practice and Forms, containing an extended account of its history in the United States (2d ed., San Francisco, 1893); Spelling, A Treatise on Extraordinary Relief in Equity and Law; the commentaries of Kent, Story, Blackstone, and Stephen; Encyclopaedia of the Laws of England (London, 18978-98); Jenks, "The Story of the Habeas Corpus," 18 Law Quarterly Review, 64.

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