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Jackson county, ss.
A. B. the above petitioner makes oath and says that the material facts set forth in the above petition are true.
A. B. Sworn before me, a justice of the peace in and for the said county, the 20th day of July, 1832.
J. P. Judge's order, The clerk of the Jackson circuit court is hereby directed to issue a writ of habeas corpus, agreeably to the prayer of the within petition, and make the same returnable forthwith before me, at my chambers in Brownstown. July 12th, 1832.
Petition of another person on behalf of a prisoner.
To the honourable J. J. esquire, associate judge of the Pike circuit court; the petition of J. D. on behalf of D. B. who is a prisoner confined in the custody of J. S. shesiff of Pike county, respectfully sheweth, that the said D. B. is confined and imprisoned in the custody of the said J. S. unjustly and illegally, as your petitioner is informed and believes. He therefore prays your honour to grant him a writ of habeas corpus, directed to the said J. Š. commanding him forthwith to have the said D. B. before your honour, together with the cause of his caption and detension, that his case may be examined, and that right and justice may be done according to law. and your petitioner will pray, &c.
J. D. July 20th, 1832.
(Affidavit and Judge's order as above.)
Petition of a person imprisoned by a private citizen.
To the honorable J. J. esquire associate judge of the Hendricks circuit court; the petition of J. N. respectfully sheweth, that, on the tenth day of May last past, at Danville in the county of Hendricks aforesaid, your petitioner was arrested, and with force and strong hand imprisoned, by one J. G. of the said county; and from that day to the present time, your petitioner has been and still is, by force and strong hand confined, and, as he conceives, unjustly and illegally deprived of his liberty by the said J. G. He therefore prays your honour to grant him a writ of habeas corpus, directed to the said J. G. commanding him to have your petitioner forthwith before your honour, together with the day and cause of his caption and detention, that his case may be examined, and that right and justice may be done according to law, and your petitioner will pray, &c. July 20th, 1832.
(Affidavit and judges order, as above.)
Petition of a prisoner who desires to be let to bail.
To the honourable J. C. esquire, associate judge of the Clark circuit court; the petition of E. L. a prisoner in the custody of D. W. sheriff of Clark county, respectfully sheweth, that your petitioner is confined in the county jail, on a charge of assault and battery; that his confinement from this time to the next term of the circuit court in said county would greatly oppress and injure him; to avoid which, he is willing to become bound in a recognizance, with sufficient sureties, for his appearance at the next term of the circuit court. He therefore prays your honour to grant him a writ of habeas corpus, directed to the said D. W. sheriff of the said county, commanding him to have your petitioner forthwith before your honour, that he may be let to bail, or be other. wise dealt with according to law. July 20th, 1832.
(Affidavit and order, as above.)
Writ of Habeas Corpus.
State of Indiana, Jackson county, ss.
The state of Indiana to C. D. sheriff of Jackson county, GREETING:
You are hereby commanded that, immediately on the receipt of this writ, you have the body of A. B. who is a prisoner detained in your custody, as it is said, under safe and secure conduct, before the honourable J. J. esquire, one of the associate judges of the Jackson circuit court, at his chambers in Brownstown, in said county, together with the day and cause of his caption and detention, then and there to do, and be subject to whatsoever the said judge shall consider in that behalf; and have you then the re this writ.
Witness William Crenshaw clerk of said court,
and the seal thereof hereto affixed, this 20th [SEAL.] day of July, A. D. 1832.
Wm. CRENSHAW, Cik
W The foregoing forms are predicated on the statute of January 12th, 1828. Rev. L. 283. But it is presumed that, by the statute of January 24th, 1831, Rev. L. 138, a judge is authorized, in vacation, to issue a writ of habeas corpus, under his own hand and private seal, should the emergency require it.
A habeas corpus is served by delivering the writ to the sheriff, or other person, to whom it is directed, and reserving a copy.
Form of writ issued by a Judge. State of Indiana, Jackson county, ss.
The state of Indiana to C. D. sheriff' of Jackson county, GREETING:
Vou are hereby commanded that, forthwith on receipt of this writ, you have the body of A. B. who is a prisoner detained in your custody, as it is said, under safe and secure conduct, together with the day and cause of his caption and detension, before me the undersigned, one of the associate judges of the Jackson circuit court, at my chambers in Brownstown in said county, then and there to do and submit to whatsoever may be considered in that behalf; and have you then there this writ.
Given under my hand and seal, this 20th day of July, 1832.
J.J. (SEAL.] Injunction.
WInjunctions are granted before answer, to restrain proceedings in suits at law, or in cases of waste, or other injuries of a nature so urgent that mischief would ensue if the complainant were to wait till the answer is put in. In such cases, the court will not leave the party to sustain the injury, and afterward seek redress; but will interpose its authority to restrain such proceedings as are contrary to equity and good conscience.
The party applying for an injunction must file his bill supported by oath or affirmation, and give bond as required by the statute, and where the application is to stay proceedings on a judgment at law, he must endorse on the bill a release of errors, under his hand and seal. Rev. L. 195, 6.
Affidavit in support of the bill.
A. B. the complainant in this cause, being duly sworn, deposeth and saith, that all the material facts stated and set forth in the foregoing bill of complaints, so far as they are stated from his own knowledge, are true, and so far as they are stated from the information of others, he believes them to be true.
A. B. Sworn and subscribed before me, a justice of the peace in and for the county of this 20th day of July, 1832.
J. P. Release of errors. Know all men by these presents that I A. B. the complainant in the wiibin bill, have released, and do by these presents release all errors and causes of error at law, misentries, defects, and wrongful proceedings whatsoever, made or committed in, about, or concerning the judgment in the within bill prayed to be injoined, and also all writs of error concerning the same. Witness my hand and seal this 20th day of July, 1832.
A. B. [SEAL.] Order for Injunction. We, the undersigned associate judges of the circuit court, having perused the within bill, are of opinion that an injunction ought to be granted, and do accordingly allow the same, on condition that the complainant give bond as required by the statute, in the
sum of two thousand dollars, with A. R. and L. J. his sureties.
S. J. July 20th, 1832.
Know all men by these presents that we A. B., A. R., and L. J. of the county of are held and firmly bound unto R. L. of
in the sum of two thousand dollars, lawful money of the United States, for the payment of which, well and truly to be made and done, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents.
Sealed with our seals, and dated this 20th day of July, A. D. 1832.
The condition of the above obligation is such, that whereas the above named R. Lo at the May term of our circuit court, holden in and for the said county of in the year of our Lord 1831, recovered judgment against the said A. B. in an action of covenant, for the sum of one thousand dollars, together with costs of suit; and the said A. B. has filed his bill praying an injunction to stay the proceedings on the said judgment, until his cause can be heard in chancery, which is granted him by S. I. and C. P. associate judges of said court; now if the said A. B. shall well and truly pay to the said R. L. the full amount of the said judgment, and also all damages and costs which may accrue in consequence of the said proceedings, provided the said injunction granted in this case shall be dissolved; then the above obligation is to be void and of none effect; otherwise to be and remain in full force and virtue in law.
A. B. [SEAL
A. R. (SEAL
State of Indiana,
County, ss. The state of Indiana to R. L. and his counsellors, at. torneys, solicitors, and agents, and each of them, and to the sheriff of
county, GREETING: Whereas it has been represented to the honourable