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A question had also arisen as to the legality of the issue of writs of habeas corpus, and it was eventually necessary to pass an ordinance to remove all doubts on this important point. The Loyalist settlers on the St.
They took a building on Clay Street, near Front, fortified it, employed guards and armed sentinels, sat in midnight council, issued writs of arrest and banishment, and utterly ignored all authority but their own. A good many men were banished and forced to leave the country, but they were of that class we could well spare.
B. Akins, of Halifax, a recognized authority on all points of local history, in a communication to the late J. W. Lawrence states that the election writs on file at Halifax give the names of Capt. Beamsley Glasier and Capt. Thomas Falconer as the first representatives of the County of Sunbury.
In saying that the free administration of justice was a principle of the common law, I mean only that parties were subjected to no costs for jurors, witnesses, writs, or other necessaries for the trial, preliminary to the trial itself. Consequently, no one could lose the benefit of a trial, for the want of means to defray expenses.
The issue was an exciting, but not a doubtful one, for the official party entered upon the contest with loaded dice and a determination to win. Numerous attempts have been made to explain and excuse their conduct during this eventful epoch; but it is impossible to blink the fact that the result was a foregone conclusion from the very moment of the issue of the writs.
The writs in the Register against bailees to keep or carry goods, all have the general allegation of negligence, and so do the older precedents of declarations, so far as I have observed, whether stating the custom of the realm or not. /5/ But a bailee was answerable for goods wrongfully taken from him, as an innkeeper was for goods stolen from his inn, irrespective of negligence. /6/
He renewed respect for law and obedience to the law courts. Even in the worst days of anarchy the administrative system did not break down, and the records of royal orders and judicial judgments remain almost as full in the midst of the civil war as in the more peaceful days of Hubert's rule. But it was easy enough to issue proclamations and writs.
WHEREAS, The attempt to execute them by the United States Deputy Marshal was evidently resisted by a large number of people of Lawrence, and as there is every reason to believe that any attempt to execute these writs will be resisted by a large body of armed men; now, therefore, the law-abiding citizens of the Territory are commanded to be and appear at Lecompton as soon as practicable, and in numbers sufficient to execute the law.
After complaining of the odious service in which ha had been employed, he wrote a letter to the house, reproaching them, as well with the new cabals which they had formed with Vane and Lambert, as with the encouragement given to a fanatical petition presented by Praise-God Barebone; and he required them, in the name of the citizens, soldiers, and whole commonwealth, to issue writs within a week, for the filling of their house, and to fix the time for their own dissolution and the assembling of a new parliament.
And that force might not be wanting to execute the judgments of this new tribunal, the king agreed to issue his own writs to all persons, to oblige them to take an oath of obedience to the twenty-five barons, who were empowered to distress him by seizure of his lands and castles, and by every possible method, until the grievance complained of was redressed according to their pleasure: his own person and his family were alone exempted from violence.
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