Forms of writ of certiorari to review, before the General Term, proceedings on habeas corpus, before Judge at Chambers, of affidavit on which it was allowed, and of return thereto.

Also forms of habeas corpus and certiorari issued by Judge at Chambers, and of petitions on which they were allowed, and returns thereto.

THIS case came before the General Term on a certiorari directed to MR Justice Peabody, for the purpose of reviewing proceedings had before him on a writ of habeas corpus* State of Tfeuo York, City and County of New York, ss: JRobert Johnstone, being duly sworn, saith : That a certain writ of habeas corpus, and also a certain writ of certiorari, were issued on or about the 19th day of February, 1857, by Charles a Peabody, Esq, one of the Justices of the Supreme Court of the State of New York, returnable before him, directed respectively to the keeper of the city prison, and Michael Connolly, Esq, one of the police justices of said city, requiring them to produce before him, the said justice, the body of John McCormack, detained by him, the said keeper, with the time and cause of his imprisonment, and to certify fully and at large the records and proceedings had and taken in and about such imprisonment and detention ; that returns were duly made to said writs, by which it appeared that said John McCormack was detained by the said keeper, under and by virtue of a certain warrant of commitment issued by said Michael Connolly, as such police justice, as being a disorderly person, and also by virtue of a certain commitment issued by said police justice to hold said McCormack for examination upon a charge of bigamy, and that said returns were traversed, and such proceedings were thereupon had that said Charles a Peabody, justice as aforesaid, did remand said John McCor- mack ; and this deponent further saith, said order and direc- tion of said justice, remanding said John McCormack, was, as deponent believes, erroneous, and said John McCormack should have been discharged, inasmuch as according to deponent's opinion and belief, there was no competent evidence whatever showing that any criminal offence had been committed, of which there was any probable or any cause to believe said The People of the State of New York to Charles a Peabody, Esc[, one of Justices of the Supreme Court of the State of New York, Greeting: Whereas, we have been informed that certain proceedings were had before you on behalf of John McCormack, lately convicted of being a disorderly person, that is [L.

S] to say, a person who had abandoned his wife and child in the city of New York, without adequate support, and in danger of becoming a burden on the public, and neglected and refused to provide for them accord- ing to his means, whereby an order was made by you on the 21st day of February, 1857, allowing a certain writ of habeas corpus, directed to John Gray, keeper of the city prison of the city and county of New York, commanding him to bring before you, the said justice, the body of the said John McCor- mack, together with the time and cause of his imprisonment, and also allowing a certain writ of certiorari, directed to Michael Connolly, Esq, one of the police justices of the said city, commanding him to certify fully and at large to the jus- tices of our Supreme Court, the day and cause of his imprison- ment aforesaid, and whereby a certain other order was made by you in said proceedings, upon the return of said writs, on the 21st day of February, in the year aforesaid, remanding the said John McCormack, and we being willing, for certain rea- sons, to be certified of the said proceedings, writs and orders, and all things appertaining thereto, do command you that you certify the same, with all things appertaining thereto, unto our justices of our Supreme Court, at the City Hall, in the city of New York, on the 16th day of March, 1857, under your seal, as fully and amply as the same remain before you, that our said justices may cause to be done further thereupon what of right and according to law ought to be done, and have you then there this wriT Witness, William Mitchell, Esq, Justice of the Supreme Court, at the City Hall, in the city of New York, the 3d day of The petition of Martha Jane McCormack shows that John McCormack is now detained and imprisoned in the city prison of New York city, and that he is not committed or detained by virtue of any process" issued by any court of the United States, or by any judge thereof, nor is he committed or detained by virtue of the final judgment or decree of any competent tribunal of civil or criminal jurisdiction, or by virtue of any execution issued upon such judgment or decree : that the cause or pretence of such imprisonment, according to the best of the knowledge and belief of your petitioner, is that he has been arrested on a warrant issued by Michael Connolly, one of the police justices for the city of New York, on a charge of abandoning one Bridget Moore, who claims to be his wife That on an examination before said Michael Connolly, Esq, on the testimony of said Bridget, uncorroborated, as your peti- tioner is informed and believes, the said Michael Connolly decided the said John McCormack to be the husband of the said Bridget, and remanded him to the city prison until he can give security for her supporT Whereas, your petitioner avers that she, your petitioner, is the wife of the said McCormack ; wherefore your petitioner prays that a writ of habeas corpus issue directed to the keeper of said prison, commanding him to produce the body of the said John McCormack before this honorable court, that he may be relieved of his present illegal imprisonmenT The People of the State of New York, to John Gray, Esq, Warden of the City Prison, Greeting: We command you that you have the body of John McCor- mack, by you imprisoned and detained, as it is said, together with the time and cause of such imprison- [L.

S] ment and detention, by whatsoever name he shall be called or charged, before the Hon Charles a Pea- body, Justice of the Supreme Court, at the Cham- bers thereof, on the 16th day of February, 1857, at 10 o'clock, a M, to do and receive what shall then and there be consid- ered concerning him ; and have you then there this wriT Witness, William Mitchell, Esq, Justice, the 14th day of Feb- ruary, 1857 The return to said writ of habeas corpus was as follows : To the said writ of habens corpus return was duly made by the said John Gray, in the words and figures following, to wit : I, John Gray, "Warden of the City Prison of the city of New York, hereby return to the annexed writ, that I hold and retain the said John^McCormack, therein named, in my cus- tody, under and by virtue of a certain warrant of commit- me,nt, a copy whereof is hereto annexed, and the original whereof I now produce,.