The Experiences of a Barrister, and Confessions of an Attorney by Samuel Warren
page 81 of 374 (21%)
page 81 of 374 (21%)
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at three o'clock: it is now more than half-past two, and I can be off on
my return by four at latest." "A writ of habeas!" I exclaimed with astonishment. "Why, what end can that answer? The lady will be remanded, and you and I shall be laughed at for our pains." This writ of _habeas corpus "ad subjiciendum,_" I had better explain to the non-professional reader, is the great _prerogative_ writ, the operation of which is sometimes suspended by the legislature during political panics. It is grounded on the principle that the sovereign has at all times a right to inquire, through the judges of the superior courts, by what authority his or her subject is held in constraint. It issues, as a matter of right, upon the filing of an affidavit, averring that to the best of the belief of the deponent the individual sought to be brought up is illegally confined; and it is of the essence of the proceeding, that the person alleged to be suffering unlawful constraint should actually be brought before the "queen herself;" that is, before one or more of the judges of the court which has issued the writ, who, if they find _the detention illegal_, the only question at issue upon this writ may discharge or bail the party. It was quite obvious, therefore, that in this case such a proceeding would be altogether futile, as the detention in the house of her guardian, under the sanction, too, of the lord chancellor, the _ex-officio_ custodier of all lunatics--of a ward of alleged disordered intellect--was clearly legal, at least _prima facie_ so, and not to be disturbed under a _habeas ad sub_. at all events. "Perhaps so," replied Ferret quite coolly in reply to my exclamation; "but I am determined to try every means of releasing the unfortunate young lady from the cruel thraldom in which she is held by that harridan |
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