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wherein no essoin, protection, privilege, injunction, wager of law, or No. IV. 1 stay of prosecution by non vult ulterius prosequi or otherwise, shall be
31 Charles II. admitted or allowed, or any more than one imparlance; and any recovery or judgment at the suit of any party grieved, shall be a sufficient C. 2. 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 persons within the said penalty for the second offence.
VI. And for the prevention of unjust vexation by reiterated com- Persons set at mitments for the same offence ; Be it enacted by the authority afore- large not to be said, That no person or persons which shall be delivered or set at large recommitted upon any habeas corpus, shall at any time hereafter be again imprisoned but by order of or committed for the same offence by any person or persons whatsoever, court, other than by the legal order and process of such court wherein be 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 or persons delivered or set at large as aforeSaid, or be knowingly aiding or assisting therein, then he or they shall forfeit to the prisoner or party grieved the sum of five hundred pounds; any colourable pretence or variation in the warrant or warrants of commitment notwithstanding, to be recovered as aforesaid.
VII. Provided always, and be it further enacted, That if any person Persons comor persons shall be committed for high treason or felony, plainly and mitted for treaspecially expressed in the warrant of commitment, upon his prayer or
son or felony, petition in open court the first week of the term, or first day of the
shall be indict
ed the next sessions of oyer and terminer, or general gaol-delivery, to be brought to his trial, shall not be indicted some time in the next term, sessions of term, or let to 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 gaol-delivery, 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 and tried the term, sessions of oyer and terminer or general gaol-delivery, after his term, &c. after commitment, or upon his trial shall be acquitted, he shall be discharged or discharged. from his imprisonment.
VIII. Provided always, That 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 bis criminal offence, he shall be kept in custody according to the law, for such other suit.
IX. Provided always, and be it enacted by the authority aforesaid, That if any person or persons, subjects of this realm, shall be committed to any prison, or in custody of any officer or officers whatsoever, 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 counter
No. IV. sign any warrant or warrants for such removal aforesaid, contrary to 31 Charles II. 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 C. 2.
suffer or 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.
X. Provided also, and be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any prisoner and 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 The penalty of King's Bench or Common Pleas, or either of them; and if the said for denying a Lord Chancellor or Lord Keeper, or any judge or judges, baron or barons Habeas Corpus. for the time being of the degree of the coif, of any of the courts afore
said, 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 five hundred pounds, to be recovered in manner
aforesaid. Habeas Corpus XI. And be it declared and enacted by the authority aforesaid, That shall run in
an Habeas Corpus according to the true intent and meaning of this Act counties palatine and privi- may be directed and run into any county palatine, the cinque ports, or leged places,
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: Nosubject shall XII. And for preventing illegal imprisonments in prisons beyond the be sent to fo- seas; be it further enacted by the authority aforesaid, That no subject reign prisons. of this realm that now is, or hereafter shall be an inhabitant or resiant
of this kingdom of England, dominion of Wales, or town of Berwick upon Tweed, shall or may be sent prisoner into Scotland, Ireland, Jersey, Guernsey, Tangier, 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 imprisonment 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 com
initment, detainer, imprisonment or transportation, or shall be advisiog, The penalty. aiding or assisting in the same, or any of them; and the plaintiff in every
such action shall have judgment to recover his treble costs, besides damages, which damages so to be given, shall not be less than five hundred pounds ; in which action no delay, stay or stop of proceeding by rule, order or 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 open court, as shall be thought in justice necessary, for special cause to be expressed in the said rule; and the person or persons who shall knowingly frame, contrive, write, seal or countersign any warrant for such commitment, detainer or transportation, or shall so commit, detain, imprison or transport any person or persons contrary to this Act, or be any ways advising, aiding or assisting therein, being lawfully convicted thereof, shall be disabled from thenceforth to bear any office of trust or profit within the said realm of England, dominion of Wales, or town of Berwick upon Tweed, or any of the islands, territories or dominions thereunto belonging; and shall incur and sustain the pains, penalties and for
feitures limited, ordained and provided in and by the statute of provision 16 R. 2. c.5,
and præmunire made in the sixteenth year of King Richard the Second;
and be incapable of any pardon from the King, his heirs or successors, of No. IV. the said forfeitures, losses or disabilities, or any of them.
31 C. II. c.2. XIII. Provided always, That nothing in this Act shall extend to give benefit to any person who shall by contract in writing agree with any persons receivmerchant or owner of any plantation, or other person whatsoever, to be ing earnest transported to any parts beyond the seas, and receive earnest upon such agreement, although that afterwards such person shall renounce such to be transportcontract.
ed, excepted. XIV. Provided always, and be it enacted, That if any person or per- Persons consons lawrully convicted of any felony, shall in open court pray to be victedof felony, transported beyond the seas, and the court shall think fit to leave him or and praying them in prison for that purpose, such person or persons may be trans- transportation, ported into any parts beyond the seas; this Act, or any thing therciu excepted. contained to the contrary notwithstanding.
XV. Provided also, and be it enacted, That nothing herein contained Imprisonments shall be deemed, construed or taken, to extend to the imprisonment of before the first any person before the first day of June One thousand six hundred seventy of June, 1679, and nine, or to any thing advised, procured, or otherwise done, relating excepted. to such imprisonment; any thing herein contained to the contrary not? withstanding
XVI. Provided also, That if any person or persons at any time resiant Offenders may in this realm, shall have committed any capital offence in Scotland or be sent to be Ireland, or any of the islands, or foreign plantations of the King, his tried where heirs or successors, where he or she ought to be tried for such offence, their offences such person or persons may be sent to such place, there to receive such were comtrial, in such manner as the same might have been used before the mitted. making of this Act; any thing herein contained to the contrary notwithstanding
XVII. Provided also, and be it enacted, That no person or persons Prosecutions shall be sued, impleaded, molested or troubled for any offence against for offences this Act, unless the party offending be sued or impleaded for the same within what within two years at the most after such time wherein the offence shall be time to be committed, in case the party grieved shall not be then in prison ; and if made. 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.
XVIII. And to the intent no person may avoid his trial at the assizes After the assior general gaol delivery, by procuring his removal before the assizes, at zesproclaimed, such time as he cannot be brought back to receive his trial there, be it no prisoner to enacted, That after the assizes proclaimed for the county where the pri- be removed, but soner is detained, no person shall be removed from the common gaol beforethe judge upon any Habeas Corpus granted in pursuance of this Act, but upon any
of assize. such Habeas Corpus shall be brought before the judge of assize in open court, who is thereupon to do what to justice shall appertain.
XIX. Provided nevertheless, That 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.
XX. And be it also enacted by the authority aforesaid, That if any In suits for information, suit or action shall be brought or exhibited against any offence against person or persons for any offence committed or to be committed against this law,the dethe form of this law, it shall be lawful for such defendants to plead the fendants may general issue, that they are not guilty, or that they owe nothing, and plead the geneto give such special matter in evidence to the jury that shall try the ral issue, &c. same, which matter being pleaded had been good and sufficient matter of law to have discharged the said defendant or defendants against the said information, suit, or action, and the said matter shall be then as available to him or them, to all intents and purposes, as if he or they had sufficiently pleaded, set forth, or alleged the same matter in bar or discharge of such information, suit or action.
* XXI. And because many times persons charged with petty treason or felony, or as accessaries thereunto, are comunitted upon suspicion . only, whereupon they are bailable, or not, according as the circum• stances making out that suspicion are more or less weighty, which are Vol. IV.
No. IV. • best known to the justices of peace that committed the persons, and 31 Charles II. have the examinations before them, or to other justices of the peace in
“the county;' be it therefore enacted, That where any person shall appear to be committed by any judge or justice of the peace, and charged as
accessary before the fact, to any petty treason or felony, or upon siis. Persons com
picion thereof, or with suspicion of petty treason or felony, which petty mitted as ac
treason or felony shall be plainly and specially expressed in the warrant cessariesbefore
of commitment, that such person shall not be removed or bailed by to petty treason or felony,
virtue of this Act, or in any other manner than they might have been shall not be re- before the making of this Act. mored or bailed otherwise than before this Act made.
E No. V. ] 56 George III. c. 100.-An Act for more effec
tually securing the Liberty of the Subject.-[1st July
1816.] 56 Gcorge III. VHEREAS the writ of Ilabeas Corpus hath been found by experience c. 100.
to be an expeditious and effectual method of restoring any person to his liberty, who hath been unjustly deprived thereof: And whereas extending the remedy of such writ, and enforcing obedience thereunto, and preventing delays in the execution thereof, will be advantageous to
the public : And whereas the provisions made by an Act passed in Eng31 Car. 2. e. 2. land in the thirty-first year of King Charles the Second, intituled, “ An
Act for the better securing the Liberty of the Subject, and for PrevenIrish Act, 21 tion of linprisonment beyond the Seas,” and also by an Act passed in and 22 Geo.3.
Ireland in the twenty-first and twenty-second years of his present Majesty, intituled, “ An Act for better securing the Liberty of the Subject," only extend to cases of commitment or detainer for criminałor supposed criminal matter; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and by Judges to issue the authority of the same, That where any person shall be confined or in vacation, restrained of his or her liberty (otherwise than for some criminal or supwrits of habeas posed criminal matter, and exeept persons imprisoned for debt or by corpus return
process in any civil suit) within that part of Great Britain called Engable imme
land, dominion of Wales, or town of Berwick upon Tweed, or the isles diately,in cases of Jersey, Guernsey, or Man, it shall and may be lawful for any one of other than for criminal mat
the barons of the Exchequer, of the degree of the coif, as well as for any ter, or for debt. 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 herely 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 costody 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. Non-obedience
Il. And be it farther enacted by the authority aforesaid, That if the to such writ, to be a contempt person or persons to whom any writ of Habeas Corpus shall be directed of court, and
according to the provision of this Act, upon service of such writ, either punishable ac- by the actual delivery thereof to him, her, or them, or by leaving the cordingly.
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 whoni 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 56 Geo. III. same court, the person or persons so wilfully disobeying the said writ,
c. 100. 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 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 hound 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 Judges to make vacation by any one of the said justices or barons, that, in his opinion, writs of Habeas obedience thereto cannot be conveniently paid during such vacation, Corpus, issued the same shall and may, at his discretion, be made returnable in the in vacation, court of which the said justice or baron shall be a justice or baron, at a
returnable in day certain in the next term; and the said court shall and may proceed
court in the thereupon, and award process of contempt in case of disobedience thereto, in like manner as opon disobedience to any writ originally awarded by the said court: Provided also, that if such writ shall be Courts to make awarded by the Court of King's Bench, or the Court of Common Pleas, writs issued in or Court of Exchequer, in the said countries respectively, which last- term, returnmentioned court shall have like power to award such writs as the re- able in vacaspective Courts of King's Bench and Common Pleas in cach of the said tion. 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 Irelund, 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.
III. And be it further enacted by the authority aforesaid, That in all Judges to incases provided for by this Act, although the return to any writ of Habeas quire into the Corpus shall be good and sufficient in law, it shall be lawful for the jus- truth of facts tice or baron before whom such writ may be returnable, to proceed to contained in examine into the truth of the facts set forth in such return, by affidavit return. 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 examination, whether the 'inaterial facts sct forth in the said return, or any of them, be true or not; in such case it Judge to bailon shall and may be lawful for the said justice or baron to let to bail the recognizance said person so confined or restrained, upon his or her entering into a to appear in recognizance with one or more sureties, or in case of infancy or cover- term, &c. ture, 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 vrder 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,