of Star Chamber which was thereby abolished. And I have referred to the same place the provisions of the 31 Car. 2. c. 2. Eng. (commonly called the Habeas Corpus Act) which relate to imprisonments beyond the seas: But I have reserved for this part of the work, the provisions of this latter statute, which were calculated to prevent the delays and shifts which were used by sheriffs, and other officers, to avoid the due execution of this writ. 31 Car. 2. c. 2. By s. 2. when any person shall bring any habeas corpus directed to any sheriff, gaoler, or other person, for any corpus within 3 person in his custody, and the writ shall be served upon the said officer, or left at the prison with any of the under officers; such officer shall, within 3 days after service thereof, (unless the commitment were for treason or felony expressed in the warrant,) upon payment or tender of the charges of bringing the prisoner, (to be ascertained by the judge or court that awarded the same, and in"6d per mile" dorsed upon the writ,) not exceeding [*12d. per mile,] 21 & 22 Geo. 3. and upon security given by his own bond to pay the

s. 2. Eng.
Writs of habeas

days after service to be returned, &c.

by the

c. 11. Ir.

charges of carrying back the prisoner, if he shall be remanded, and that he will not make escape by the way, make return of such writ; and bring the body before the lord chancellor, or the judges or barons of the court from whence the writ shall issue, or before such other person before whom such writ is returnable, according to the command thereof, and shall certify the causes of his detainer or imprisonment; unless the commitment be in any place beyond the distance of 20 miles from the place where such court or person shall be residing; and if beyond 20 miles, and not above 100 miles, then within 10 days; and if beyond 100 miles, theu within 20 days after such delivery. And by s. 3. all such writs shall be marked in this manner, [tper statutum tricesimo primo Caroli secundi corpus and pro- regis] and shall be signed by the person that awards the same; and if any person shall stand committed or detained for any crime (unless for felony or treason expressed in the warrant) in the vacation time, it shall be lawful for the person, (other than persons convict, or in

3.

Writs of habeas

ceedings thereon in vacation.

"By the statute of the 22d year of the reign of king George the third" in 21 & 22 Geo. 3. c. 11. Ir.

execution,)

not in

execution,) or any one on his behalf, to complain to the lord chancellor, or any one of the justices of the one bench or the other, or the barons of the exchequer [*of * These words the degree of the coif;] and the lord chancellor, justice, 21 &22 Geo. 3. or baron, upon view of the copy of the warrant of com- c. 11. Ir. mitment and detainer, upon oath that such copy was denied, are required, upon request made in writing by such person, or any on his behalf, attested by 2 witnesses present at the delivery of the same, to grant a habeas corpus under the seal of such court whereof he shall be one of the judges, directed to the officer in whose custody the party shall be, returnable immediate before the lord chancellor, or such justice or baron, or any other justice, or baron [of the degree of the coif*] of said courts; and upon service thereof as aforesaid, the officer, or his deputy, shall bring such prisoner before the lord chancellor, or such justices, barons, or one of them, before whom the writ is returnable, and in case of his absence, before any other of them, with the return of such writ, and the causes of commitment and detainer; and thereupon, within 2 days, the lord chancellor, or such justice, or baron, shall discharge the prisoner, taking his recognizance, with one or more sureties, in any sum according to their discretions, (having regard to the quality of the prisoner, and the nature of the offence) for his appearance in the court of king's bench, the term following, or at the next assizes, sessions, or general gaol-delivery, for such county or place where the commitment was, or where the offence was committed, or in such other court where the offence is cognizable; and shall certify the writ, with the return and the recognizance, into the court where the appearance is to be made; unless it shall appear to the said lord chancellor, justice, or baron, that the party is detained upon a legal process, order, or warrant, out of some court that hath jurisdiction of criminal matters, or by some warrant signed and sealed with the hand and seal of any of the said justices or barons, or some justice of peace, for such matters for which the prisoner is not bailable. Provided, (s. 4.) that if any person shall have wilfully neglected 2 whole terms Provio.

after

$. 5.

Officers how to be proceeded against for not obeying such writs.

after his imprisonment to pray a habeas corpus, he shall not have any habeas corpus in vacation time in pursuance of this act. By s. 5. if any officer or his deputy shall not make the returns, or bring the body of the prisoner, according to the command of the writ; or, upon demand made by the prisoner, or person in his behalf, shall refuse to deliver, or within 6 [*hours] shall not deliver to the person demanding, a copy of the warrant of commitment and detainer of such prisoner, such person in whose custody the prisoner shall be, shall for the 1st. offence forfeit to the party grieved £100.; and for the 2d offence £200.; and be incapable to hold his said office; the said penalties to be recovered by the party grieved, his executors, &c. against such offender, his executors, &c. by action of debt, &c. in any of the king's courts at "Dublin" in [+Westminster]; and any recovery at the suit of any party grieved shall be sufficient conviction for the 1st offence; and any after recovery for any offence after the first judg ment shall be a sufficient conviction for the 2d offence, And, "for the prevention of unjust vexation by reiterated commitments for the same offence" by s. 6. no person set at large upon a habeas corpus shall be again imprisoned large not to be for the same offence, other than by the legal order and without order of process of such court wherein he shall be bound by recognizance to appear, or other court having jurisdiction ; and if any person shall knowingly re-commit or imprison, or cause to be re-committed, &c. for the same offence, any person set at large as aforesaid, or be knowingly aiding or assisting therein, he shall forfeit to the party grieved £500. any colourable variation in the warrant notwithstanding.

21 & 22 Geo. 3. c. 11. Ir.

s. 6.

Persons set at

re-committed

court.

No person to be discharged by

process.

s. 8. 8.9.

It is provided (s. 8.) that nothing in this act shall exthis act from civil tend to discharge any person charged with process in any civil cause. And by s. 9. if any subject of this realn shall be in custody for any criminal matter, he shall not be removed into the custody of any other officer, unless by habeas corpus, or other legal writ; or where the prisoner is delivered to the constable or other inferior officer

Persons com

mitted for crimes, in what case.. only to be removed.

*"Months" is the word in the text, and "hours" in the margin of the statute (21 & 22 Geo. 3, c. 11. Ir.) as printed."

to

removal.

s. 10.

Penuity for de

corpus.

not in

11. I

to carry to some common gaol; or where any person is
sent by order of any justice of assize, or justice of peace,
to any common work-house or house of correction; or
where the prisoner is removed from one place to another
within the same county in order to his trial or discharge;
or in case of sudden fire, or infection, or other necessity: Penalty for other
and if any person shall sign or countersign any warrant
for such removal contrary to this aet, as well he, as the
officers that obey the same, shall incur the forfeitures be-
fore mentioned, both for the first and second offence, to
be recovered as aforesaid by the party grieved. By s. 10.
it shall be lawful for any prisoner to obtain his habeas
corpus as well out of the chancery or exchequer, as out nying habeas
of the king's bench or common pleas; and if the lord
chancellor, or any judge or baron [*of the degree of the * These words
coif] in the vacation, upon view of the copies of the war- 21 & 22 Geo.3
rants of commitment or detainer, or upon oath that such
copies were denied, shall deny a habeas corpus by this act
required to be granted, being moved for as aforesaid, they
shall forfeit to the party grieved £500, to be recovered as
aforesaid. [+And by s. 1't. a hubeus corpus according to this
act may be directed into any county palatine, the cinque Habeas corpus
shall run in pri
ports, or other privileged places, and the islands of Jersey or vileged places,
Guernsey. By s. 18. after the assizes proclaimed for any
county, no person shall be removed from the common After assizes
proclaimed no
gaol upon habeas corpus in pursuance of this act, but prisoner to be re-
shall be brought before the judge of assize in open court; the judge of as-
but by s. 19. after the assizes ended any person may have
his habeas corpus according to this act. And by s. 21.
where any person shall be committed by any judge or
justice of peace, and charged as accessary before the
fact to any petty treason or felony, or upon suspicion saries to petty
thereof, or with suspicion of petty treason or felony, treason, or felo-
which petty treason or felony shall be plainly and picion,
specially expressed in the warrant, such person shall not
be removed or bailed by virtue of this act. By s. 17. no
person shall be sued for any offence against this act un- Prosecutions for
offences against
less he be sued within 2 years after the offence com- this act within 2
mitted, in case the party grieved shall not be then in

+ This clause not in the 21 & 22 Geo. 3. c 11. Ir.
"Or murder" added in the 21 & 22 Geo, 3. c. 11. s. 15. Ir.

s. 11.

S. 18.

moved but before

size.

s. 19.

s. 21. Proviso as to

persons com

mitted as acces

my, or upon sus

years.

s. 17.

prison;

8. 20:

prison; and if he be in prison, then within 2 years after the deccase of the person imprisoned, or his delivery out of prison, which shall first happen. And by s. 20. if any suit be brought for any offence against this law, such defendant may plead the general issue not guilty, or that 21 & 22 Geo.3. he owes nothing. The 21 & 22 Geo. 3. c. 11. Ir. contains clauses corresponding to those of the 31 Car. 2. c. 2. Eng. above stated; with such deviations however as are noted in the margin.

General issue pleadable.

c. 11. Jr.

3.

Injuries to husband.

I. & L.

s. 8. Eng.

14 & 15 Car. 2.

III. With respect to the injuries that may be offered to a person considered as a husband: The 3 Edw. 1. c. 13. 3 Edw. 1. c. 13. E. & I. which prescribes a limitation for appeals of rape, and punishes this offence as a trespass or misdemeanor, will be stated in another place. But as to the injuries. incident to the relation of a guardian and ward: the 12Car. 2. c. 24. 12 Car. 2. c. 24. s. 8. Eng. provides, that such person to whom the custody of any child shall be disposed or c. 19. s. 6. Ir. devised by virtue of this act* may maintain an action of Action of ravish- ravishment of ward or trespass, against any person that ment of ward, shall wrongfully take away or detain such child, for the recovery of such child; and shall recover damages for. the same in said action, for the use of such child. The 14 & 15 Car. 2. c. 19. Ir. contains a similar clause. By 13 Fdw.t. st 1. the 13 Edw. 1. st. 1. c. 35. E. & I. a certain form was prescribed for the ancient writ of ravishment of ward, and a particular mode of proceeding was thereby pointed out in such cases; but this statute seems to have been rendered obsolete by the abolition of the military tenures, and of wardship as one of the incidents thereto.

c. 35. E. & L.

* Vide Book 1. page 418.

CHAP.