Majority
p. 180*Ex parte Floyd vs. The Recorder of the city of New-York.
Headnote
Where a fugitive slave, on being brought before an officer on a habeas corpus, sues out a writ of homine replegiando, and judgment upon that writ is given for the claimant, it is the duty of the officer allowing the habeas corpus to grant a certificate authorizing the removal of the fugitive.Mandamus. A fugitive slave was brought before the recorder of New-York
p. 182
on a habeas corpus. The fugitive sued out a writ of homine replegiando, upon which an issue was joined and tried in the New-York circuit, and a verdict found that the fugitive owed service to the person claiming the same. Upon which judgment was rendered, and the recorder applied to for a certificate al lowing the removal of the fugitive, which he declined to give, being of opinion that by the suing out of the writ of homine replegiando, he had lost jurisdiction of the person of the fugitive. The claimant asked for a mandamus directing the recorder to grant the certificate.
By the Court,
The recorder did not lose jurisdiction by the suing out of the writ of homine replegiando; the only effect of it in this respect was to suspend the proceedings upon the habeas corpus, until final judgment upon the writ of homine replegiando. 2 R. S. 561, § 17. Judgment having been rendered, the recorder ought to have granted the certificate asked for.
Mandamus granted.