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States it has been held that 'a discharge of a party under a writ of habeas corpus from the process under which he is im- -prisoned, discharges him from any further confinement under
other that process, but not under any process which may be issued against him under the same indictment': Ex parte Lilburn, 9 Peters, 704, 709. In Canada, where a prisoner is discharged
on habeas corpus upon the warrant of commitment, and the
conviction is not at the time before the court, the effect of the discharge is not a quashing, nor equivalent to a quashing of the conviction: Hunter v. Cilkison, 7 Ont. (Can.) 745, 743,
745. A discharge on habeas corpus from custody, under an
illegal warrant of commitment for Larder and piracy, is not a
bar to a second valid warrant comitting, tae prisoner to take
his trial for piracy jure Lentium, and he ought not to be
discharged from his custody under the valid warrant because he
had been previously discharged from an unlawful imprisonment:
Attorney-General, etc. v. Kwok-a-Sing, 5 P.C. 179, 202. This
was an appeal from two orders of the Supreme Court of Hong- -kong, whereby Kwok-a-Sing, a Chinese coolie, was twice
released from custody on writs of habeas corpus. He was dis- -charged the second time solely upon the ground that he had
been committed a second time for the sale offence, contrary to
the sixth section of 31 Car. II: (See sec. 6, p. 48.) But the Privy Council, speaking by the Lord Jus ice Mellish, said that they could not agree with the construction which the Chief Justice put upon this section of the statute. 'The principal object of the section seems to have to prevent persons, who had been brought up on a write of habeas corpus, and discharged on giving bail and entering into their own recognizance, from being again arrested for the same offence, and obliged to sue out a second write of habeas corpus. This appears from the provision by which the person discharged may be again arrested by the order of the court, wherein he shall be bound by recognizance to appear, or other court having jurisdiction of the cause. The words 'other court