No. 80.

Writ of Certiorari.

THE UNITED STATES OF AMERICA, SS.

The President of the United States, to the Judges of the

Whereas, lately in the said Court, a certain [name of petitioner] filed his petition for a writ of habeas corpus, which said petition still remains before you the said judges of the said Court, and the Supreme Court of the United States being desirous, for certain reasons, that the record and proceedings aforesaid should by you be certified to them, you are therefore hereby commanded to send, under your seal, the record of the proceedings aforesaid, with all things touching the same, unto the said Supreme Court of the United States forthwith, plainly and distinctly, in as full and ample manner as it now remains before you, together with this writ; so that the said Supreme Court of the United States may be able thereon to proceed and do what shall appear to them of right ought to be done.

Witness the Honorable

Chief Justice of said Su

preme Court of the United States, the second Monday of October, A. D. 18.

Clerk of the Supreme Court of the United States.

No. 81.

Order for Discharge, on Habeas Corpus.

SUPREME COURT OF THE UNITED STATES.

In the matter of the application for discharge of

ex

parte, the writ of habeas corpus, directing the marshal of the United States for the

of said

District of

to produce the body before this court, and to certify the cause of his

detention or imprisonment having been duly issued and served hereon:

Now the said marshal having produced the body of said
and having certified that said'

custody under and by virtue of

is detained in his

[Here insert statement of sentence.]

and the cause of said imprisonment having been duly inquired into by this court, upon the return of said writ of habeas corpus and writ of certiorari heretofore issued herein, and counsel having heretofore been heard on behalf of the United States and on behalf of said petitioner, and due consideration having been had, it is hereby ordered and adjudged, that the imprisonment of said under said order of said Court of the United States District of, is without authority of law, and that is entitled to have his liberty: Whereupon it

for the the said

is hereby adjudged and ordered that the said hereby is, discharged from said imprisonment.

be, and he

You are hereby commanded to attach the body of

and him have before the Supreme Court of the United States, at o'clock in the -noon, on ——day, the

day of,

A. D. 18 at the room of said Supreme Court, in the Capitol of the United States, in the City of Washington, in the District of Columbia, to answer touching a certain contempt by him committed in not obeying a writ of habeas corpus ad subjiciendum awarded by A. D. 18 and o'clock in

on the
day of

day of

A. D. 18 at

returnable on the the noon, after said writ was legally served upon him. Hereof fail not at your peril, and have you then and there this

writ.

Clerk of the Supreme Court of the United States.

and

Comes now the defendant in error [or appellee],

moves the court to dismiss the writ of error [or appeal] in this case for want of jurisdiction, because the judgment [or decree] of the Court to which said writ of error was directed [or from which said appeal was taken], is not a final judgment [or decree]; [or because the matter in dispute, exclusive of costs, in said case does not exceed the sum or value of five thousand dollars; or, if for other irregularity, state it]; or, if the writ of error [or appeal] shall not be dismissed, that the judgment [or decree] of the said -Court be affirmed, on the ground that, although in the opinion of this court the record may show that this court has jurisdiction, it is manifest that said writ of error [or appeal] was taken for delay only, and that the question on which the jurisdiction depends is so frivolous as not to need further argument.

motion of which the foregoing is a copy will be submitted to the Supreme Court of the United States, for the decision of the court

thereon. Annexed hereto is a copy of my brief or argument in support of said motion.

Mr.

of counsel for the defendant in error [or appellee], having filed in open court the following certificate, to wit:

[Copy Certificate No. 54 or 57.]

and having stated that the plaintiff in error [or appellant] had altogether failed to file the record of said cause in this court, or in any way to prosecute said writ of error [or appeal], moved the court, in pursuance of the ninth rule, to have this writ of error [or appeal] docketed and dismissed. On consideration whereof, it is now here ordered and adjudged by this court that the writ of error in this cause to [or appeal from] the Court of the United States for the be, and the same is

District of

Court, to be

hereby, docketed and dismissed with costs; and that this cause be, and the same is hereby, remanded to the said proceeded in according to law and justice.

No. 85.

Motion for Certiorari, for Diminution of Record. - Rule 14.

suggests diminution of the record in this cause, in this, to wit:

to award a writ of certiorari to be issued and directed to the judges of said Court, commanding them that, searching the record and proceedings in said cause, they forthwith certify to this court those parts of the said record so omitted as aforesaid. [Date.]

Of Counsel for

No. 86.

Writ of Certiorari. — Rule 14.

THE UNITED STATES OF AMERICA, SS.

The President of the United States, to the Judges of the

was removed to the Supreme Court of the United States, by virtue of an appeal agreeably to the act of Congress in such case made