ing, 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 Writ 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 inthe Warrant shall be expressed, with condition to appear in the Court of which the said Justice or Baron is a Judge, at a day in the ensuing Term to be mentioned in the said Warrant, to answer the matter of contempt with which he, 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 commit such person or persons so neglecting or refusing to the Jail or Prison of the Court of which such Justice or Baron shall be a Judge, there to remain until he, she, or they shall have become bound as aforesaid, or shall be discharged by order of the Court in Term Time, or by order of one of the Justices or Barons of the Court in vacation; and the recognizance or recognizances to be taken thereupon shall be returned and filed in the same Court, and shall continue in force until the matter of such contempt shall have been heard and determined, unless sooner ordered by the Court to be discharged: Provided, that if such Writ shall be awarded so late in the Vacation by any one of the said Justices or Barons, that, in his opinion, obedience thereto cannot be conveniently paid during such vacation, the same shall and may, at his discretion, be made returnable in the Court of which the said Justice or Baron shall be a Justice or Baron, at a day certain in the next Term; and the said Court shall and may proceed thereupon, and award process of contempt in case of Disobedience thereto, in like manner as upon Disobedience to any Writ originally awarded by the said Court: Provided also, that if such Writ shall be awarded by the Court of King's Bench, or the Court, of Common Pleas, or Court of Exchequer, in the said Countries respectively, which last-mentioned Court shall have like power to award such Writs as 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 such term, the same shall and may,

at the discretion of the said Court, be made returnable at a day certain in the then next vacation, before any 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 and made returnable during the Vacation. s. 2.

into the truth of

facts contained

in return.

Judge to bail on recognizance to appear in term,

In all Cases provided for by this Act, although the Re- Judges to inquire turn to any Writ of Habeas Corpus shall be good and sufficient in Law, it shall be lawful for the Justice or Baron before whom such Writ may be returnable, to proceed to examine into the truth of the facts set forth in such Return, by Affidavit or by Affirmation (in cases where an Affirmation is allowed by Law), and to do therein as to Justice shall appertain; and if such Writ shall be returned before any one of the said Justices or Barons, and it shall appear doubtful to him on such Examina- etc. tion, whether the material Facts set forth in the said Return, or any of them, be true or not, in such Case it shall and may be lawful for the said Justice or Baron to let to bail the said Person so confined or restrained, upon his or her entering into a Recognizance with One or more Sureties, or in case of Infancy or Coverture, or other Disability, upon Security by Recognizance, in a reasonable Sum, to appear in the Court of which the said Justice or Baron shall be a Justice or Baron, upon a Day certain in the Term following, and so from Day to Day as the Court shall require, and to abide such Order as the Court shall make in and concerning the Premises; and such Justice or Baron shall transmit into the same Court the said Writ and Return, together with such Recognizance, Affidavits, and Affirmations; and thereupon it shall be lawful for the said Court to proceed to examine into the truth of the facts set forth in the return in a summary way, by affidavit or affirmation (in cases where by law affirmation is allowed), and to order and determine touching the discharging, bailing, or remanding the Party.

S. 3.

The like proceeding may be had in the Court for controverting the truth of the return to any such Writ of Habeas Corpus awarded as aforesaid, although such Writ shall be awarded by the said Court itself or be returnable therein. s. 4. And be it declared and enacted by the authority aforesaid, that a Writ of Habeas Corpus, according to the true intent and meaning of this Act, may be directed and run into any County Palatine, or Cinque Port, or any other privileged place within

>

Court may con

trovert the truth

of the return.

Writ may run

into counties

palatine, cinque ports,and privi

leged places, etc.

Process of contempt may be awarded in vaca

tion against persons disobeying writs of Habeas Corpus in cases within stat.

31 Car. 2. c. 2.

Power of judges in England and Wales to grant an Habeas Corpus ad testificand.

that part of Great Britain called England, Dominion of Wales, and Town of Berwick-upon-Tweed, and the Isles of Jersey, Guernsey and Man respectively; and also into any Port, Harbour, Road, Creek, or Bay, upon the Coast of England or Wales, although the same shall lie out of the body of any County; and if such Writ shall issue in Ireland, the same may be directed and run into any Port, Harbour, Road, Creek, or Bay, although the same should not be in the body of any County; any law or usage to the contrary in anywise notwithstanding. s. 5. 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 returnable 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, or 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 committing the person or person so neglecting or refusing to Gaol as aforesaid, respecting the recognizances to be taken as aforesaid, and the proceeding or proceedings thereon, shall extend to all Writs of Habeas Corpus awarded in pursuance of the said Act, passed in England in the Thirty-first 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 herein-before recited, in as ample and beneficial a manner as if such Writs and the said cases arising thereon had been herein-before specially named and provided for respectively. s. 6.

The Statute 44 G. 3. c. 102. enacts, that from and after the passing of this Act it shall be lawful for any Judge of his Majesty's Courts of King's Bench or Common Pleas of England and Ireland respectively, or any Baron of his Majesty's Court of Exchequer of the degree of the Coif in England, or any Baron of his Majesty's Court of Exchequer in Ireland, or any Justice of Oyer and Terminer or Gaol Delivery, being such Judge or Baron as aforesaid, at his discretion to award a Writ or Writs of Habeas Corpus for bringing any prisoner or prisoners detained in any Gaol or Prison before any of the said Courts, or any Sitting of Nisi Prius, or before any other Court of Record in the said part of the said United Kingdom, to be there examined as a witness or witnesses, and to testify the truth before such Courts, or any Grand, Petit, or other Jury, in any

cause or causes, matter or matters, civil or criminal whatsoever, which now are or hereafter shall be depending, or to be inquired into or determined in any of the said Courts.

By s. 2. every Justice of Great Sessions in Wales and in the County Palatine of Chester, shall have the like authority within the limits of his jurisdiction.

No Writ of Habeas Corpus or Certiorari shall be hereafter No Habeas granted to remove any prisoner out of any Gaol, or to remove issued till signed Corpus shall be any recognizance, except the same Writs be signed with the by a judge; proper hands of the Chief Justice, or in his absence one of the Justices of the Court, out of which such Writs shall be awarded or made, upon pain that he that writeth any such Writs not on penalty of being signed as is aforesaid, to forfeit to the King for every such £5 on the Writ and Writs Five Pounds. 1, 2 P. & M. c. 13. s. 7.

Hawks.

writer.

The Statute 37 Ed. 3. c. 10. recites the Statute 34 Ed. 3. c. 22. Stealing a hawk and then enacts, that if any steal any Hawk, and the same carry felony. away, not doing the ordinance mentioned in the recited Statute,

it shall be done of him as of a thief that stealeth a Horse or

other thing.

their eggs.

These Statutes are now repealed by the operation of the Statute The penalty for 5 Eliz. c. 21. s. 3., which enacts that if any person shall take taking hawks or away any Hawk or Hawks, or the Eggs of any of them, by any Co. pl. 361. ways or means unlawfully out of any of the Woods or Ground of any person, (not having lawful authority or licence so to do), he shall be imprisoned three months, and pay the party grieved treble damages.

More particularly as to the mode of proceeding against offenders, see this Act under title FISH PONDS.

Highways.

fine.

Where any Lands have been or shall be given for the main- Lands given for tenance of Causeys, Pavements, Highways (1) and Bridges, maintaining bridges shall be all persons enfeoffed or trusted with such Lands, shall let them letten at the best to farm at the most improved yearly yalue, without fine; and rent without the Justices of the Peace in their open Sessions shall and Justices in sesmay enquire by such ways and means as they think fitting into the value of all such Lands, and order the Improvement and Employment of the Rents and Profits thereof, according to the

(1) Repealed as to Highways by 7 G. 3. c. 40. 13 G. 3. c. 78. 13 G. 3. c. 84.

sions may in

quire of neglects.

Defects of repair indictable only in the proper county.

§ 1.

will and direction of the donor of such Lands, if they find that the persons so intrusted have been negligent or faulty in the performance of their trust, (except such Lands as have been given to the uses aforesaid, to any College or Hall in either of the Universities which have visitors of their own.) 22 Car. 2.

c. 12. s. 2.

All defects of repairs of Causeys, Pavements, Highways, or Bridges, shall be presented in the county only where such Causeys, &c. or Bridges do lie, and not elsewhere; and no such presentment or indictment shall be removed by Certiorari or otherwise, till such indictment, &c. be traversed and judgment thereupon given. s. 4.

I.

Homicide.

Petit Treason and Murder.

II. i. Murder and Manslaughter in general.

ii. Homicide by stabbing another not having a Weapon drawn.

iii. Homicide by Foresters, &c. killing Trespassers not yielding after Hue and Cry made.

iv. Homicide occasioned by overloading Boats on the River Thames.

v. Homicide in any Palace or Royal Residence.

vi. Murder of Bastards.

vii. Murder and Manslaughter committed in Places not within his Majesty's Dominions.

III. Appeal of Murder.

IV. Accessaries to Murder.

V. Trials in cases of Murder.

VI. Judgement in Murder.

VII. Forfeiture in Homicide.

I. Petit Treason and Murder

The Statute 25 Ed. 3. st. 5. c. 2. (1) recites, that whereas divers It shall be trea- opinions have been before this time in what case Treason shall son to slay the be said, and what not; the King at the request of the Lords and chancellor, treasurer, or judges. of the Commons hath made a declaration in the manner as hereafter followeth; that is to say, if a man Slea the Chancellor, Treasurer, or the King's Justices of the one Bench or the other, Justices in Eyre, orJustices of Assise, and all other Justices assigned to hear and determine, being in their places doing their offices;