Commonwealth v. Jailer
7 Watts 366
Pa.
1838
Check Treatment
Per Curiam.

There is no doubt that necessity, either moral or physical, may raise an available exception to the letter of the habeas corpus act. A court is not bound to peril life in an attempt to perform what was not intended to be required of it. The legislature intended to prevent wilful and oppressive delay; and it is sufficient that there is no colour for an imputation of it.

Prisoner remanded.