triminal offence, he shall be kept in custody for such other suit.

s. 8.

After the as

sizes proclaim

After the assizes are proclaimed for the county, no person shall be removed from the common gaol upon habeas corpus, cd, no prisonbut shall be brought before the judge in open court; but after ers to be rethe assizes ended, any person may have his habeas corpus, ac- moved. cording to this act. s. 18, 19.

No person shall be sued for any offence against this act, unless Limitation of he be sued within two years after the offence committed in case suits. the party grieved shall not be then in prison; and if he be in prison, then within two years after the decease of the person, or his delivery out of prison.

And any judge of the court of King's Bench or common pleas, or any baron of the exchequer of the degree of the coif, or any justice of oyer and terminer or gaol delivery, being such judge or baron as aforesaid, or the justices of the great sessions in Wales, or for Chester, may award writs of habeas corpus for bringing any prisoner detained in any gaol or prison before any of the said courts or any sittings of nisi prius, or before any other court of record, to be there examined as a witness. and to testify the truth before such court, or any grand, petit or other jury in any cause or matters civil or criminal whatsoever. 44 Geo. 3. c. 162. s. 1, 2.

And the said judges of the court of King's Bench, or common pleas, or the barons aforesaid, may award like writs of habeas corpus for bringing prisoners before any court martial, commissioners of bankrupt, commissioners for auditing the public accounts, or other commissioners acting under the authority of any commission or warrant from his majesty. 43 Geo. 3. c. 140.

IV. To whom it is to be directed, and by whom returned.

Wherever a person is imprisoned by any person whatsoever, whether he be one concerned in the administration of justice, s a sheriff, gaoler, or the like, or a private person, such as a octor of physic, who confines a person under pretence of curing im of madness, or the like, the habeas corpus must be directed him. Godb. 44.

And a habeas corpus directed in the disjunctive to the sheriff r gaoler, is wrong; but where a man is taken on a warrant f the sheriff, in pursuance of a writ to the sheriff, the habeas rpus ought to be directed to the sheriff, for the party is in his stody, and the writ itself must be returned; otherwise it is here one is committed to the gaoler immediately, as in cases iminal. Salk. 350. Ld. Raym. 586, 618.

And this writ must be returned by the very same person to hom it is directed. 3 Bacon's Abr. 13.

And for a false return there is regularly no remedy against the officer, but an action on the case at the suit of the party grieved, and an information or indictment at the suit of the king. 6 Mod. 90. Salk. 349.

V. Concerning the return.

As upon the return of the writ the court is to judge whether the cause of the commitment and detainer be according to law, or against it so the officer or party in whose custody the pri soner is, must, according to the command of the writ, certify on the return thereof, the day, cause of caption and detainer, Vaughan, 137.

And in general, upon the return of the habeas corpus, the cause of the imprisonment ought to appear as specifically and certainly to the judges before whom it is returned, as it did to the court or person authorized commit. Vaughan,

137.

For if the commitment be against law, as being made by on who had no jurisdiction of the cause, or for a matter for which by law no man ought to be punished, the court are to discharge him; and therefore the certainty of the commitment ought to appear; and the commitment is liable to the same objection, where the cause is so loosely set forth that the court cannot adjudge whether it were a reasonable ground of imprisonment or not. 3 Bacon's Abr. 12.—But for this, see title COMMIT MENTS, Div. V.

c. 15. s. 78.

It seems agreed, that no one can in any case controvert the truth of the return to a habeas corpus, or plead or sug gest any matter repugnant to it; yet it hath been holden, that a man may confess and avoid such return, by admitting the truth of the matters contained in it, and suggesting others. not repugnant, which take off the effect of them. 2 Hezk Accordingly, where a citizen of London was committed for refusing to accept the office of alderman, to which he had been elected, and the custom of the city justifying a commit ment for such a refusal, and the election and refusal were set forth in the return; he filed a suggestion in the Crown Officer, that he was an officer of the king's mint, and that all such offcers were exempted from all city offices, both by prescription and by the king's charter: and thereupon the patent of the grant of his office, and also the patent of the exemption, be ing inrolled in the court, he was discharged. 1 Sider. 287 288.

Upon the return of the habeas corpus, the prisoner is re gularly to he discharged, bailed or remanded; but if it be doubtful which the court ought to do, it is said that the p

soner may be bailed to appear from day to day, till the mat. ter is determined. 5 Mod. 22. Style, 16.

And by the petition of right, 16 Car. 1. c. 10, the court must, within three court days after return shall be made to an habeas corpus, proceed to determine whether the cause of commitment be just, and shall thereupon do what to justice shall appertain. s. 8.

And by 31 Car. 2. c. 2. s. 3, The lord chancellor, judge, or baron, shall within two days after the return of the habeus corpus issued in vacation, take order, and bail or remand the prisoner*.

Also it hath been ruled, that the court of King's Bench may, after the return is filed, remand the prisoner to the same gaol from whence he came, and order him to be brought up from time to time, till they have determined whether it is proper to bail, discharge, or remand him absolutely. Vent. 330.

346.

And a notion having prevailed, that after the term was beun, a writ issued in the vacation was expired, and that it was ecessary to take out a new one; Lord Mansfield declared the court to be unanimously of opinion, that such notion was ill ounded; that a person might be brought into court upon a haeas corpus issued in the vacation; and that to require a new rit, would be attended with delay and expence, without the east reason or utility. Dr. Shebbeure's Case, 1 Burrows,

50.

And if the defendant, when brought up, has not bail ready, se court will commit him to the marshal: and then, without eing obliged to sue out a new habeas corpus, he may be rought up from the prison of the court, by a rule of court, henever he shall be prepared to give bail. Same case, 1 Bur. 8,460.

See p. 705, supra.

HACKNEY COACHES AND CHAIRS.

3x 9 Ann. c. 23, made perpetual by 3 Geo. 1. c. 7, the Commissioners.

Y

own may nominate under the great seal, commissioners for

gulating and licensing hackney-coaches, not exceeding five,

ho shall regulate and license all hackney-coaches within the Is of mortality. s. 1.

And the commissioners may, under their or the hands and Licences,

Duty.

Penalty en

seals of the major part of them, license not exceeding 1100* HACKNEY COACHES. 9 Ann. c. 23. s. 2. 11 Geo. 3. c. 24. 42 Geo. 3. c. 78. s. 1.

And they are to grant such licences, under the payment of the weekly rent hereafter mentioned, and with such core. nants therein as they shall think fit. 21 Geo. 3. sess. 2. c. 27.

8. 2.

And seven days after the owner of every hackney.coach shall be licensed, he shall leave at the office of the commissioners for paving at Guildhall, with their clerk there, a true at. count in writing of his place of abode, and the number of each coach; and so from time to time, within seven days after he shall change his abode, he shall give a like account, on pain of 20. 11 Geo 3. c. 29. s. 114.

And upon every licencs there shall be reserved the weekly sum of 10. +, to be paid monthly‡. 9 Ann. c. 23. s. 2. 24 Ges. 3. sess. 2 c. 27 s. 1. 42 Geo 3. c. 78. s. 1.

And if any hackney coachman, or his renter, shall be in ar rear for any longer time than expressed in such licence, the commissioners may revoke the same, and levy the rents, either upon the goods and chattels of such owner, or renter, in such manner as they may do with respect to such owner. 26 G 3. c. 72. s. 3. 39 & 40 Geo. 3. c. 47. s. 12.

And the commissioners may license 400 HACKNEY-CHAIS within the bills of mortality, reserving to the crown the yearly sum of 10s. to be paid quarterly. 9 Ann. c. 23. s. 3. 10 4. c. 18. s. 158, 159. 12 Geo. 1. c. 12. s. 15.

And the clerks may take 2s. 6d. for ingrossing such licence.. 9 Ann. c. 23. s. 9.

And no person shall drive or let to hire any hackney-coach er driving without coach-horses within the weekly bills, &c. without a licence from the commissioners, upon forfeiture of 51. 9 Ann. c. 25

a licence.

S. 4.

And upon every information before the commissioners, against any person, for driving for hire, or letting to hire, any hackney-coach, contrary to 9 Ann. although no express hiring

* Viz. 800 by 9 Ann. c. 23. 200 more by 11 Geo, 3. c. 24. and 100 adde onal by 12 Geo. 3. c. 78.

+ Viz. 5s. by the stat. of Ann. and an additional 5s. by the stat. 24 Gala sess. 3. c. 27. and 42 Geo. 3. c. 78. s. 1..

For the assessed taxes so far as they affect hackney-coach owners, Assessed Taxes.

Viz. 200 by the stat. 9 Ann. 100 more by the stat, of 10 Ara, and 70' more by the stat. of Geo. 1.

And by 12 Ann. stat c. 14, The commissioners shall in the first plat license the widows of hackney chairmen who dic possessed of any lieces unless they neglect to take licenses within a reasonable time, to be lim by the commissioners, not less than twenty days. s. 1.

shall be proved; yet unless the party accused shall appear, and make proof to the commissioners, that no money or other gratuity was paid or agreed to be paid for the use of such coach, the same shall be deemed a driving for or letting to hire; and every person offending shall incur the like penalty as if money or other gratuity was actually proved to be paid. 7 Geo. 3.

c. 44. s. 10.

And no person shall carry any person for hire in any sedan chair (unless such chair shall have been hired for the whole dayof 12 hours) within the bills of mortality without first having obtained a licence, upon pain to forfeit 40s. 39 & 40 Geo. 3. c. 47. s. 10.

And every licensed coach and chair shall have a mark or figure on each side; and if one person shall be licensed to keep several hackney-coaches or chairs, he shall have distinct figures; and no person shall put the same figure on his coach or chair which is appointed for another, or shall deface the figure, upon forfeiture of 51. 9 Ann. c. 23. s. 4.

And no person shall ply or drive for hire with any coach, hearse, or coach-horses, to attend on any funeral in London, Westminster, or the bills of mortality, except they be licensed, on pain to forfeit 5l. 1 Geo. 1. c. 57. s. 3,

And if any person shall drive a mourning coach or hearse to any funeral within London or Westminster, or the suburbs of the same, or within five miles of Temple-bar in the said city of London, except the same shall have a number fixed on the fore-standard of such mourning coach or hearse, shewing it to be a licensed coach or hearse let to hire, and information shall be given to the commissioners of such fact, the said commissioners may summon the party driving such mourning coach or hearse before them; and, on default of such party appearing on such summons before the commissioners, the said commissioners are to proceed against him; and although no express hiring shall be proved, it shall be adjudged a driving for hire, and the party offending shall forfeit for such offence 51. 24 Geo. 3. sess. 2.

c. 27. s. 7.

The commissioners may make such bye-laws to bind such per- Commissioners sons licensed to keep hackney-coaches, and the renters of such to make byelicenses, and drivers of such coaches, and annex such penalties laws. as they shall think fit. 1 Geo. 1. c. 57. s. 1.

But such bye-laws shall be approved by the lord chancellor and the two chief justices and chief baron, or any three of them, and then printed; and the breach of such bye-laws shall be pu nishable by any justice of peace, mayor or head-officer, where the offence shall be committed. 9 Ann. c. 23. s. 17.

By 39 & 40 Geo. 3. c. 47, Every person licensed, or any Hackneyone acting under such licensed person, shall be entitled to, and coach fares. may demand, and take, for the hire of any hackney-coach, the rates and fares hereinafter mentioned. s. 1.