New York Supreme Court July 15, 1857 (Browne v. Bradley)

Bacon, J.

This is a special statutory proceeding, and jurisdiction must appear upon the record. The cases cited, decided under the non-imprisonment act, show, that all the facts to entitle the applicant to a discharge must appear in the petition, and that the specification in the statute of certain facts which must *144appear, it being apparent that the statute does not attempt to prescribe the