stat. 2, c. 2. 1677. 30 CAR. II. any other person or persons shall knowingly, contrary to this Engl stat. 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. 7. Provided always, That if any person or persons shall be committed for high treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer or petition in open court the first week of the term, or first day of the 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 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 term, sessions of oyer and terminer or general gaol-delivery, after his commitment, or upon his trial shall be acquitted, he shall be discharged from his imprisonment. 8. 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 his criminal offence, he chall be kept in custody according to the law, for such other suit. 9. Provided always, 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 countersign any warrant or warrants for such removal aforesaid, contrary to 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 suffer and 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. 30 CAR. II. stat. 2, c. 2. Engl. stat. 1677. for denying 10. Provided also, That it shall and may be lawful to and for The penalty any prisoner and prisoners as aforesaid, to move and obtain his a habeas or their habeas corpus, as well out of the high court of chancery or corpus. court of exchequer, as out of the courts of king's bench or common pleas, or either of them; and if the said lord chancellor or lord keeper, or any judge or judges, baron or barons for the time being of the degree of the coif, of any of the courts aforesaid, 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 £500, to be recovered in manner aforesaid. privileged 11. And be it declared and enacted, That an habeas corpus, Counties according to the true intent and meaning of this act, may be palatine and directed and run into any county palatine, the cinque ports, or 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. shall be prisons. 12. And, for preventing illegal imprisonments in prisons No subject beyond the seas, Be it further enacted, That no subject of this sent to realm that now is or hereafter shall be an inhabitant or resiant foreign of this kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, shall or may be sent prisoner unto 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 stat. 2, c. 2. 1677. 30 CAR. II. action or actions of false imprisonment, in any of his majesty's Engl stat. 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 commitment, detainer, imprisonment, or transportation, or shall be advising, aiding, or assisting in the same, or any of them; The penalty, 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 £500, 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 Berwickupon-Tweed, or any of the islands, territories, or dominions thereunto belonging; and shall incur and sustain the pains, penalties, and forfeitures limited, ordained, and provided in and 16 Rich. II. by the statute of provision 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 the said forfeitures, losses, or disabilities, or any of them. c. 5. Persons receiving earnest u, on con 13. Provided always, That nothing in this act shall extend to give benefit to any person who shall by contract in writing tracts to be agree with any merchant or owner of any plantation, or other transported, person whatsoever, to be transported to any parts beyond the seas, and receive earnest upon such agreement, although that afterwards such person shall renounce such contract. excepted. convicted of praying for transportation, excepted. Persons 14. Provided always, and be it enacted, That if any person or felony, and persons, lawfully convicted of any felony, shall in open court pray to be transported beyond the seas, and the court shall think fit to leave him or them in prison for that purpose, such person or persons may be transported into any parts beyond the seas; this act or anything therein contained to the contrary notwithstanding. Offenders may be sent 16. Provided also, That if any person or persons at any time to be tried resiant in this realm shall have committed any capital offence in where their Scotland or Ireland, or any of the islands, or foreign plantations offences of the king, his heirs or successors, where he or she ought to be tried for such offence, such person or persons may be sent to such place, there to receive such trial, in such manner as the same might have been used before the making of this act, anything herein contained to the contrary notwithstanding. 30 CAR. II. Engl. stat. stat 2, c. 2. 1677. were committed, Prosecu within what 17. Provided also, and be it enacted, That no person or persons tions for shall be sued, impleaded, molested, or troubled for any offence offences against this act, unless the party offending be sued or impleaded time to be for the same within two years at the most after such time made. wherein the offence shall be committed, in case the party grieved shall not be then in prison; and if 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. assizes pro be removed, the judge of 18. And, to the intent no person may avoid his trial at the After the assizes or general gaol delivery, by procuring his removal before claimed, no the assizes, at such time as he cannot be brought back to receive prisoner tod his trial there, Be it enacted, That, after the assizes proclaimed but before for that county where the prisoner is detained, no person shall be assize. removed from the common gaol upon any habeas corpus granted in pursuance of this act, but upon any such habeas corpus shall be brought before the judge of assize in open court, who is thereupon to do what to justice shall appertain. 19. 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. offence defendants 20. And be it also enacted, That, if any information, suit, or In suits for action shall be brought or exhibited against any person or per- against this sons for any offence committed or to be committed against the law, the form of this law, it shall be lawful for such defendants to plead may plead the general the general issue, that they are not guilty, or that they owe issue, &c. nothing, and to give such special matter in evidence to the jury that shall try the same, which matter being pleaded had been good and sufficient matter in 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. committed as accessa to petty 21. And, because, many times, persons charged with petty Persons treason or felony, or as accessaries thereunto, are committed upon suspicion only, whereupon they are bailable or not, accord-ries before ing as the circumstances making out that suspicion are more or treason or less weighty, which are best known to the justices of peace that not be recommitted the persons, and have the examination before them, bailed other felony, shall moved stat. 2, c. 2. 1677. wise than 30 CAR. II. or to other justices of the peace in the county; Be it therefore Engl stat. 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 susbefore this picion thereof, or with suspicion of petty treason or felony, which petty treason or felony shall be plainly and specially expressed in the warrant of commitment, that such person shall not be removed or bailed by virtue of this act, or in any other manner than they might have been before the making of this act made. act. 43 GEO. III. c. 140. British stat. 1803. Any judge as Westminster may award a writ of babeas for 43 GEO. III. c. 140.] An act to enable the judges of her majesty's courts of record at Westminster to award writs of habeas corpus for bringing persons detained in gaol before courts martial, and the several commissioners therein mentioned. BRIT. [Aug. 11th, 1803.] 43 Geo. III. c. 140.] Whereas, writs of habeas corpus have been frequently awarded by the judges of his majesty's courts of record at Westminster, for bringing persons detained in custody under civil or criminal process, before magistrates or courts of record, as well for trial as for examination touching matters depending before such magistrates or courts respectively; but doubts have arisen whether such judges have power to award writs of habeas corpus for bringing persons detained as aforesaid before courts martial, commissioners of bankrupts, commissioners for auditing the public accounts, or other commissioners acting under commission or warrant from his majesty: And whereas it is expedient to make provision for bringing prisoners before such courts-martial or commissioners for the purposes herein before mentioned: Be it therefore enacted, That of the courts it shall be lawful for any of his majesty's courts of King's Bench or Common Pleas respectively, or for any baron of his majesty's court of Exchequer of the degree of the coif, at his discretion, bringing up to award a writ or writs of habeas corpus for bringing any trial or ex prisoner or prisoners detained in any gaol or prison in that part of the United Kingdom of Great Britain and Ireland called England, before any court-martial, or before any commissioners of bankrupt, commissioners for auditing the public accounts, or other commissioners acting by virtue or under the authority of any commission or warrant from his majesty, his heirs and suecessors, for trial, or to be examined touching any matter depending before such courts-martial or commissioners respectively; and the like proceedings shall be had upon such writ or writs of habeas corpus, so to be awarded as aforesaid, as by law may now be had upon writs of habeas corpus for bringing persons detained in gaol before magistrates or courts of record for such purposes as aforesaid; any law, custom, or usage to the contrary thereof in any wise notwithstanding. prisoner for am:nation beforecourts martial, commissioners of bankrupt, &c. |