1. Habeas corpus ad Sect. 5. "If any officer or officers, his or their under officer or under officers, under keeper or under keepers, or deputy, shall neglect or refuse subjiciendum. to make the returns aforesaid, or to bring the body or bodies of the 31 Car. 2, c. 2. Officer how to be proceeded against for not obeying writ. prisoner or prisoners, according to the command of the said writ, within the respective times aforesaid, or, upon demand made by the priser or person in his behalf, shall refuse to deliver, or within the space of hours after demand shall not deliver, to the person so demanding, a tre copy of the warrant or warrants of commitment and detainer of sa prisoner, which he and they are hereby required to deliver accordingly all and every the head gaolers and keepers of such prisons, and such other person in whose custody the prisoner shall be detained, shall, for the first offence, forfeit to the prisoner or party grieved the sum of 100, and for the second offence the sum of 2007., and shall and is hereby made incapable to hold or execute his said office; the said penalties to be recovered by the prisoner or party grieved, his executors or adminis trators, against such offender, his executors, or administrators, by any action of debt, suit, bill, plaint, or information, in any of the King's courts at Westminster, wherein no essoign, protection, privilege, injunction, wager of law, or stay of prosecution by non vult ulterius prosequi, or otherwise, shall be admitted or allowed, or any more than cae imparlance; and any recovery or judgment at the suit of any party grieved shall be a sufficient conviction for the first offence; and any after-recovery or judgment at the suit of a party grieved for any offence after the first judgment, shall be a sufficient conviction to bring the officers or person within the said penalty for the second offence." Sect. 6, For the prevention of unjust vexation by reiterated cur large not to be re-mitments for the same offence," enacts, "That no person or perso which shall be delivered, or set at large, upon any habeas corpus, at any time hereafter, be again imprisoned or committed for the st offence, by any person or persons whatsoever, other than by the legal order and process of such court, wherein he or they shall be bound by recognizance to appear, or other court having jurisdiction of the cause: and if any other person or persons shall knowingly, contrary to this act recommit or imprison, or knowingly procure or cause to be recommitted or imprisoned for the same offence, or pretended offence, any person er persons delivered or set at large as aforesaid, or be knowingly aiding of assisting therein, then he or they shall forfeit to the prisoner, or party grieved, the sum of 500l., any colourable pretence or variation in the warrant or warrants of commitment notwithstanding, to be recovere as aforesaid." Persons set at committed but by order of court. Persons committed and tried the term, &c., after, or discharged. Persons in custody for debts, &c. shail. Sect. 7. "If any person or persons shall be committed for high treason or felony, plainly and specially expressed in the warrant of commit ment, upon his prayer or petition in open court, the first week of the term, or first day of the sessions of oyer and terminer, or general gan delivery, to be brought to his trial, shall not be indicted some time in the next term, sessions of oyer and terminer, or general gaol-delivery, after such commitment, it shall and may be lawful to and for the judges of the court of King's Bench, and justices of oyer and terminer, or general gaol-delivery, and they are hereby required, upon motion to them made in open court, the last day of the term, sessions, or gaoldelivery, either by the prisoner, or any one in his behalf, to set at liberty the prisoner upon bail, unless it appear to the judges and justices, upon oath made, that the witnesses for the King could not be produced the same term, sessions, or general gaol-delivery; and if any person or persons committed as aforesaid, upon his prayer or petition, in open court, the first week of the term, or first day of the sessions of oyer and terminer, and general gaol-delivery, to be brought to his trial, shall not be indicted and tried the second term, sessions of oyer and terminer, or general gaol-delivery, after his commitment, or upon his trial shall be acquitted, he shall be discharged from his imprisonment." Sect. 8. "Nothing in this act shall extend to discharge out of prison any person charged in debt or other action, or with process in any civil cause, but that, after he shall be discharged of his imprisonment, for such his criminal offence, he shall be kept in custody according to the law, for such other suit." 1. Habeas corpus ad subjiciendum. 31 Car. 2, c. 2. Persons in custody removable to another. Sect. 9. "If any person or persons, subjects of this realm, shall be committed to any prison, or in custody of any officer or officers what- in one prison, how soever for any criminal, or supposed criminal matter, that the said person shall not be removed from the said prison and custody into the custody of any other officer or officers, unless it be by habeas corpus, or Some other legal writ; or where the prisoner is delivered to the constable, or other inferior officer, to carry such prisoner to some common gaol, or where any person is sent, by order of any judge of assize, or Justice of the peace, to any common workhouse or house of correction, or where the prisoner is removed from one prison or place to another within the same county, in order to his or her trial or discharge in due course of law, or in case of sudden fire or infection, or other necessity; and if any person or persons shall, after such commitment aforesaid, make out and sign, or countersign, any warrant or warrants for such removal aforesaid, contrary to this act; as well he that makes, or signs, or countersigns, such warrant or warrants, as the officer or officers that obey or execute the same, shall suffer and incur the pains and forfeitures in this act before mentioned, both for the first and second offence respectively, to be recovered in manner aforesaid by the party grieved." what courts. Penalty for denying the writ. Sect. 10. "It shall and may be lawful to and for any prisoner and Habeas, out of prisoners as aforesaid to move and obtain his or their habeas corpus, as well out of the High Court of Chancery, or court of Exchequer, as out of the courts of King's Bench or Common Pleas, or either of them; and if the said lord chancellor or lord keeper, or any judge or judges, baron or barons, for the time being, of the degree of the coif, of any of the courts aforesaid, in the vacation time, upon view of the copy or copies of the warrant or warrants of commitment or detainer, or upon oath made that such copy or copies were denied as aforesaid, shall deny any writ of habeas corpus, by this act required to be granted, being moved for as aforesaid, they shall severally forfeit to the prisoner, or party grieved, the sum of 500/., to be recovered in manner aforesaid." Sect. 11. "An habeas corpus, according to the true intent and mean- Counties palatine ing of this act, may be directed and run into any county palatine, the and privileged cinque ports, or other privileged places, within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, and the islands of Jersey or Guernsey; any law or usage to the contrary notwithstanding." places. Sect. 12. And for preventing illegal imprisonments in prisons be- No subjects shall yond the seas," it is enacted, "That no subject of this realm that now be sent to foreign is, or hereafter shall be an inhabitant or resiant of this kingdom of prisons, England, dominion of Wales, or town of Berwick-upon-Tweed, shall or may be sent prisoner into Scotland, Ireland, Jersey, Guernsey, Tanzier, or into parts, garrisons, islands or places beyond the seas, which are or at any time hereafter shall be within or without the dominions of his Majesty, his heirs or successors; and that every such imprisonment is hereby enacted and adjudged to be illegal; and that if any of the said subjects now is or hereafter shall be so imprisoned, every such person and persons so imprisoned, shall and may for every such imprisonment maintain by virtue of this act an action or actions of false imprisoment, in any of his Majesty's courts of record, against the person or persons by whom he or she shall be so committed, detained, imprisoned, sent prisoner or transported, contrary to the true meaning of this act, and against all or any person or persons that shall frame, contrive, write, seal, or countersign, any warrant or writing for such commitment, detainer, imprisonment, or transportation, or shall be advising, aiding, or assisting in the same, or any of them; and the plaintiff in The penalty. 1. Habeas 31 Car. 2, c. 2. every such action shall have judgment to recover his treble costs, becorpus ad sides damages, which damages so to be given, shall not be less than subjiciendum. 500/.; in which action no delay, stay, or stop of proceeding, by rule, order of command, nor no injunction, protection, or privilege whatsoever, nor any more than one imparlance shall be allowed, excepting such rule of the court wherein the action shall depend, made in per court, as shall be thought in justice necessary, for special cause te expressed in the said rule; and the person or persons who shall kn ingly frame, contrive, write, seal, or countersign, any warrant for surt commitment, detainer, or transportation, or shall so commit, detain imprison, or transport, any person or persons contrary to this act, er be any ways advising, aiding, or assisting therein, being lawfully convicted thereof, shall be disabled from thenceforth to bear any office of trust € profit within the said realm of England, dominion of Wales, or town of Berwick-upon-Tweed, or any of the islands, territories, or dominim thereunto belonging; and shall incur and sustain the pains, penaltie and forfeitures limited, ordained, and provided, in and by the statute ch provision and præmunire made in the 16th year of King Richard II; and be incapable of any pardon from the King, his heirs or successors of the said forfeitures, losses, or disabilities, or any of them." Persons receiving earnest upon con tracts to be transported, excepted. Persons convicted of felony, and praying transpor Sect. 13. “ Provided always, that nothing in this act shall extend t give benefit to any person who shall by contract in writing agree with any merchant or owner of any plantation, or other person whatsoever, to be transported to any parts beyond the seas, and receive earnes upon such agreement, although that afterwards such person shall re nounce such contract." Sect. 14. "Provided always, that if any person or persons fully convicted of any felony, shall, in open court, pray to be transported tation, excepted. beyond the seas, and the court shall think fit to leave him or ther prison for that purpose, such person or persons may be transported int any parts beyond the seas; this act, or anything therein contained, to the contrary notwithstanding." Offenders may be sent to be tried where their of fences were com. mitted. Prosecutions for offences, within what time to be made. After assizes proclaimed, no pri soner to be removed, but before judge of a size. General issue, &c. Sect. 15. The enactment has expired. Sect. 16. “ Provided also, that if any person or persons at any time resiant in this realm, shall have committed any capital offence in Set land or Ireland, or any of the islands or foreign plantations of the King his heirs or successors, where he or she ought to be tried for such offence, such person or persons may be sent to such place, there to re ceive such trial, in such manner as the same might have been useɑ. before the making of this act; anything herein contained to the cartrary notwithstanding." most, after Sect. 17. "No person or persons shall be sued, impleaded, molested, or troubled, for any offence against this act, unless the party offendi be sued or impleaded for the same within two years, at the such time wherein the offence shall be committed, in case the part! grieved shall not be then in prison; and if he shall be in prison, then within the space of two years after the decease of the person imprisoned. or his or her delivery out of prison, which shall first happen." Sect. 18, “And, to the intent no person may avoid his trial at the assizes, or general gaol-delivery, by procuring his removal before the assizes, at such time as he cannot be brought back to receive his tria there," it is enacted, "That, after the assizes proclaimed for that county where the prisoner is detained, no person shall be removed from the common gaol upon any habeas corpus, granted in pursuance of this act but, upon any such habeas corpus, shall be brought before the judge of assize in open court, who is thereupon to do what to justice shall ap pertain." Sect. 19. "After the assizes are ended, any person or persons detained may have his or her habeas corpus, according to the direction and intention of this act." Sect. 20. "If any information, suit, or action, shall be brought or ex ibited against any person or persons for any offence committed or to 1. Habeas corpus ad subjiciendum. 31 Car. 2, c. 2. Persons committed fore, to petty treason or felony, shall as accessaries be not be removed or bailed otherwise than before this act made. 56 Geo. 3. c. 100. vacation, writs of Judges to issue, in habeas returnable immediately, in cases other than The 56 Geo. III. c. 100, s. 1, enacts, "That where any person shall be confined or restrained of his or her liberty (otherwise than for some riminal or supposed criminal matter, and except persons imprisoned for lebt, or by process in any civil suit) within that part of Great Britain alled England, dominion of Wales, or town of Berwick-upon-Tweed, for criminal mator the isles of Jersey, Guernsey, or Man, it shall and may be lawful for ter, or for debt. any one of the barons of the Exchequer, of the degree of the coif, as well as for any one of the justices of one bench or the other; and where any person shall be so confined in Ireland, it shall and may be lawful for any one of the barons of the Exchequer, or of the justices of one bench or the other, in Ireland; and they are hereby required, upon complaint made to them by or on the behalf of the person so confined or restrained, if it shall appear by affidavit or affirmation (in cases where by law an affirmation is allowed) that there is a probable and reasonable ground for such complaint, to award, in vacation time, a writ of habeas corpus ad subjiciendum, under the seal of such court, whereof he or they shall then be judges or one of the judges, to be directed to the person or persons in whose custody or power the party so confined or restrained shall be, returnable immediately before the person so awarding the same, or before any other judge of the court under the seal of which the said writ issued." Sect. 2. "If the person or persons to whom any writ of habeas corpus shall be directed according to the provisions of this act, upon service of such writ, either by the actual delivery thereof to him, her, or them, or by leaving the same at the place where the party shall be confined or restrained, with any servant or agent of the person or persons so confining or restraining, shall wilfully neglect or refuse to make a return or pay obedience thereto, he, she, or they shall be deemed guilty of a contempt of the court, under the seal whereof such writ shall have issued; and it shall be lawful to and for the said justice or baron, before whom such *rit shall be returnable, upon proof made by affidavit of wilful disobedience of the said writ, to issue a warrant under his hand and seal, for the apprehending and bringing before him, or before some other justice or baron of the same court, the person or persons so wilfully disobeying the said writ, in order to his, her, or their being bound to the King's Majesty, with two sufficient sureties, in such sum as in the warrant shall be expressed, with condition to appear in the court of which the said jus Non-obedience to such writ to be a contempt of court. 1. Habeas 56 Geo. 3, c. 100. Punishment. Judges to make issued in vacation tice or baron is a judge, at a day in the ensuing term to be mentioned corpus ad in the said warrant, to answer the matter of contempt with which be, subjiciendum. she, or they are charged; and in case of neglect or refusal to become bound as aforesaid, it shall be lawful for such justice or baron to comm't such person or persons so neglecting or refusing to the jail or priser of the court of which such justice or baron shall be a judge, there for main until he, she, or they shall have become bound as aforesaid, shall be discharged by order of the court in term time, or by orderd one of the justices or barons of the court in vacation; and the reces zance or recognizances to be taken thereupon, shall he returned and für in the same court, and shall continue in force until the matter of such contempt shall have been heard and determined, unless sooner order. by the court to be discharged; provided, that if such writ shall awarded so late in the vacation by any one of the said justices or barens, that, in his opinion, obedience thereto cannot be conveniently paid fur ing such vacation, the same shall and may, at his discretion, be mal returnable in the court of which the said justice or baron shall be a ju tice or baron, at a day certain in the next term; and the said coars shall and may proceed thereupon, and award process of contempt in cas of disobedience thereto, in like manner as upon disobedience to any w originally awarded by the said court; provided also, that if such wri shall be awarded by the court of King's Bench, or the court of Com mon Pleas, or court of Exchequer, in the said countries respectively, which last-mentioned court shall have like power to award such writs a the respective courts of King's Bench and Common Pleas in each of the said countries now have in term, but so late that, in the judgment of the court, obedience thereto cannot be conveniently paid during sh term, the same shall and may, at the discretion of the said court, made returnable at a day certain in the then next vacation, before say justice or baron of the degree of the coif, or, if in Ireland, before any justice or baron of the same court, who shall and may proceed thereupon in such manner as by this act is directed concerning writs issuing in a made returnable during the vacation." Proviso. Courts to make writs issued in term returnable in vacation. Process of con- When granted. be Sects. 3 and 4. The judges are empowered to inquire into the truth of the facts stated in the return to the habeas, and to bail the prisoner on his recognizance to appear in term, &c., if the truth of the fact stated be doubtful, which recognizance is to be transmitted to the court with the affidavits used. The court are also empowered to inquire int the truth of those facts, and the truth controverted. Sect. 5. The writ may run into counties palatine, the Cinque Ports, and other privileged places. 66 Sect. 6. The several provisions made in this act touching the making writs of habeas corpus, issuing in time of vacation, returnable into the said courts, or for making such writs, awarded in term time, returna in vacation, as the cases may respectively happen, and also for making wilful disobedience thereto a contempt of the court, and for issuing warrants to apprehend and bring before the said justices or barons, of any of them, any person or persons wilfully disobeying any such writ, and, in case of neglect or refusal to become bound as aforesaid, for com mitting the person or persons so neglecting or refusing to gaol as afore said, respecting the recognizances to be taken as aforesaid, and the pr ceeding or proceedings thereon, shall extend to all writs of habeas corp awarded in pursuance of the said act passed in England in the thirtyfirst year of the reign of King Charles the Second, or of the said act passed in Ireland, in the twenty-first and twenty-second years of his present Majesty, and hereinbefore recited, in as ample and beneficial s manner as if such writs, and the said cases arising thereon, had been herein before specially named and provided for respectively." 2. THE WRIT, WHEN GRANTED, HOW OBTAINED, AND PROCEEDINGS ON. In what cases granted.]—Where a party is illegally or defectively com mitted and entitled to be discharged or bailed by a superior jurisdiction, |