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Ordinance, 8 August 1842, as Published in the Wasp

Source Note

Nauvoo City Council, Ordinance,
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, Hancock Co., IL, 8 Aug. 1842. Version published in “An Ordinance Regulating the Mode of Proceeding in Cases of
Habeas Corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

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, before the Municipal Court,” Wasp, 13 Aug. 1842, [3].
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Ordinance, 8 August 1842 Ordinance, 8 August 1842, Copy Nauvoo City Council Minute Book, 1841–1845
Ordinance, 8 August 1842, as Published in the Wasp
History, 1838–1856, volume D-1 [1 August 1842–1 July 1843] “History of Joseph Smith”

Page [3]

An Ordinance regulating the mode of proceeding in Cases of
Habeas Corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

View Glossary
, before the Municipal Court.
Sec. 1. Be it Ordained by the City Council of the City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, that in all cases, where any Person or Persons, shall at any time hereafter, be arrested, or under arrest, in this
City

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, under any Writ or Process, and shall be brought before the Municipal Court of this
City

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, by virtue of a Writ of Habeas Corpus, the Court shall in every such Case have power and authority and are hereby required to examine into the Or[i]gin, Validity and Legality of the Writ or Process, under which such arrest was made, and if it shall appear to the Court upon sufficient testimony that said Writ or Process was illegal, or not legally issued, or did not proceed from proper authority, then the Court shall discharge the Prisoner from under said Arrest, but if it shall appear to the Court, that said Writ or Process had issued from proper authority, and was a legal Process, the Court shall then proceed and fully hear the merits of the Case, upon which such Arrest was made, upon such evidence as may be produced and sworn before said court, and shall have power to adjourn the hearing, and also issue process from time to time in their discretion, in order to procure the ateendance of Witnesses, so that a fair and impartial trial and dacision may be obtained in every such case.
Sec. 2. And be it further Ordained, that if upon investigation it shall be proven before the Municipal Court, that the Writ or Process has been issued, either through private pique, malicious intent, religious or other persecution, falsehood, or misrepresentation, contrary to the Constitution of this
State

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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or of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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the said Writ or Process shall be quashed, and considered of no force or effect, and the Prisoner or Prisoners shall be released and discharged therefrom.
Sec. 3 And be it also further ordained, that in the Absence, Sickness, Debility, or other circumstances disqualifying , or preventiny the Mayor from officiating in his office, as Chief Justice of the Municipal Court, the Aldermen present shall appoint one from amongst them, to act as Chief Justice, or president pro tempore.
Sec. 4. This Ordinance to take effect, and be in force, from and after its passage.
HYRUM SMITH

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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.
Vice Mayer & President pro Tempore.
Passed August, 8th, 1842.
James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

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, Recorder. [p. [3]]
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Ordinance, 8 August 1842, as Published in the Wasp
ID #
18421
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1
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