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vice to be re

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 S. 2, Eng.

directed to any sheriff, gaoler, or other person, for any Writs of haben's corpus within 3 person in his custody, and the writ shall be served upon days after ser

the said officer, or left at the prison with any of the unturned, 8c

der officers; such officer shall, within 3 days after service
thereof, (unless the commitment were for treason or fe-
lony 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,] 91& 29 Geo. 3. and upon security given by his own bond to pay the

charges of carrying back the prisoner, if he shall be re-
manded, 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 de-
tainer or imprisonment; unless the coinmitment be in any
place beyond the distance of 20 miles from the place where
such court or person shall be residing; and it beyond 20
miles, and not above 100 miles, then within 10 days;
and if beyond 100 miles, then within 20 days after such

delivery. And by s. 3. all such writs shall be marked in Urils of habeas

this manner, [tper statutum tricesimo primo Caroli secundi corpus and pro- regis) and shall be signed by the person that awards the ceedings thereon

same; and if any person shall stand committed or de-
tained for any crime (unless for felony or treason ex-
pressed in the warrant) in the vacation time, it shall be.
lawful for the person, (other than persons convict, or ju

c. 11. Ir.

A, 3.

in vacation.

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


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 saine, 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 liath 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 Procio.


$. 5.


c. 11. Ir.

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, ac-
Officers how to
be proceedoel cording to the command of the writ; or, upon demand
against for not
obeying such made by the prisoner, or persou iu lis behalf, shall re-

fuse to deliver, or within 6 [*lours) shall not deliver to
the person demanding, a copy of the warrant of com-
mitment and detainer of such prisoner, such person in
whose custody the prisoner shall be, shall for the I st. of.
fence 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 esecutors,

&c. by action of debt, &c. in any of the king's courts at t" Dublin” in [t Westminster); and any recovery at the suit of any party 21 & 22 Geo. 3.

griered 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 vexatian by reiterated

commitments for the same offence" by s. 6. no person Persons set at

set at large upon a habeas corpus shall be again imprisoned large nol 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 re

cognizance to appear, or other court having jurisdiction;
and if any person shall knowingly re-comnit or imprison,
or cause to be re-committed, &c. for the same offence,
any person set at large as aforesaid, or be knowingly aid-
ing or assisting therein, lie shall forfeit to the party
grieved £500. any colourable variation in the warrant

No person to be It is provided (s. 8.) that nothing in this act shall ex-
discharged by
this uct from eiti tend to discharge any person charged with process in any
process. civil cause. And by s. 9. if any subject of this realın

shall be in custody for any criminal matter, he shall not Perenys com

be removed into the custody of any other officer, unless mitteil for crimes,

by habeas corpus, or other legal writ; or where the pris'. only to be re- soner is delivered to the constable or other inferior officer moved.

** Níonths" is the word in the text, and "* Hours” in the margin of the statute (21 & 22 Geo. 3. c. 11. br.) as printed.


s. 6,

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S. 8.


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s. 10.


to carry to some common gaol; or wliere 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 froin 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 : Penully for what and if any person sluali sign or countersign any warrant for sach removal contrary to this aet, as well be, as the officers that obey the same, shall incur the forfeitures before mentioned, both for the first and second offence, to be recorered as aforesaid by the party grieved. By s. 10. it shall be lawful for'any prisoner to obtain his habeas

Penuity for dee corpus as well out of the chancery or exchequer, as out nying habeas of the kin 's bench or commoi 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 & 29 Geo. rants of commitment or detainer, or upon oath that such *: 11. Ir. copies were denied, shall deny a habras corpus by this act required to be granted, being moved for as aforesaid, they shall forfeit to the party grieved L'500, to be recovered as aforesaid. [+ And by s. I't. a hubens corpus according to this s. 11. aet may be directed into any county palatine, the cinque Habeas corpus ports, or other privileged places, and the islands of Jersey or vileged pluces, Guernsey.] By s. 18. after the assizes proclaimed for any county, no person shall be removed from the common After assizes

proclaimed no gaol upor habeas corpus in prirsuance of this act, but prisoner to be re

muced but before shall be brought before the judge of assize in open court; the judge of asbut by s. 19. after the ašsizes ended any person may have size. 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 persons comfact to any petty treason or felony, f or upon suspicion saries to petty thereof, or with suspicion of petty treason or felony, t.eason, or felowhich petty treason or felonyf 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. 18.

S. 19.

s. 21. Proviso as to

my, or upon suf

s. 17.


8. 20:


prison; and if he be in prison, then within 2 years after the decease of the person imprisoned, or his delivery out

of prison, which shall first happen. And by s. 20. if General issue any suit be brought for any offence against this law, such pleadable.

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. con

tains clauses corresponding to those of the 31 Car. 2. c. 2. Eng. above stated; with such deviations however as are

noted in the margin. $ 3. III. With respect to the injuries that may be offered to a Injuries to hus.

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, L. & L.

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 8. 8. Eng.

to whom the custody of any child shall be disposed or 14 & 15 . . 6:19. 5. 6. br." 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


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 Fdv. 1. st 1. the 13 Edw. 1. st. 1. c. 35. E. & I. a certain form was pre6. 35. E. & L. scribed 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.

# Vide Book 1. page 418.


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