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An Act to reduce into one the several acts concerning the writ of Habeas Corpus, and to annul the remedy by writ de homine replegiando 1822 266 (1822.6)

handle is hein.slavery/ssactsms0072 and id is 1 raw text is: 260    LAWS OF THE STATE OF MISSISSIPPI.
trators, as the testator or intestate if living, might or could
have done.
Sc. 23. It shall not be lawful for any person taking any
distress todrive or remove the same out of the county where
such distress was taken; and if any person shall so remove any
-goods andchattels, distrained as aforesaid, such person shall
on conviction, he fined at the discretion of the court before
whom the conviction may be had, and shall, moreover, beli-
able to the action of the party aggrieved, for all damages oc-
casioned thereby; and moteover, distresses shall in all cases
be reasonable, and not too great; and any person who shall
make an unreasonable distress, under color of this act, shall
be liable to the action of the party grieved, for damages.
COWLES MEAD,
Speaker of the House of Representatives.
DAVID DICKSON,
Lieutenant-Governor and President of the Sengtr.
,-Approved June the 10th, 1822.
WALTER LEAKE.
,AN ACT, to reduce into one the several acts, concerning the
writ of Habeas Corpus, and to annul the remedy by writ
de honine replegiando.
SEc. 1. Be it enacted by the Senate and House of Represenw
;tdives of the State of Mississippi, in General Assembly convened,
That whenever any person detained in. custody, charged with
a criminal offence, shall, by himself or some other person in
his behalf, apply to the Supreme Court, or any Circuit Court
of law, or Court of Chancery in this state, or to any iudge
thereof in vacation, for a writ of Habeas Corpus ad subjicien-
dum, and shall shew, by affidavit or other evidence,. probadk
cause to believe that he is detained in custody without lawful
authority, it shall be the duty of the court or,judge to whom
such application shall be made, forthwith to grant the writi
which shall be issued by the clerk of the Supreme, Circuit
Court, or Court of Chancery, as the case may be- directed to
the person in whose custody the applicant is detained, and re-
turnable irimediately before such court or judge, or any of the
said courts or judges, or at such other time and place as the
court or judge granting the same shall direct and appoint:
Provided, That in all cases where it shall appear necessary,
the court or judge granting the writ, shall previously require
bod, with suffcient security, executed in such manner, and ip

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