In re McMahon

The prisoner was brought before me on a writ of habeas corpus, and her discharge asked for on the ground that it appears from the commitment, that having been convicted of disorderly conduct, she was ordered to find surety, in the sum of $300, for her good behavior for the term of one month, and that having failed to find such surety she was committed to the city prison for the term of one month.

It is urged that, under the provisions of the Code of Criminal Procedure, the police justices are deprived of the power which it is conceded they possessed under the former Statutes, to order persons…