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either of the one bench or of the other, or the barons of the exchequer of the degree of the coif; and the said lord chancellor, lord keeper, justices, or barons, or any of them, upon view of the copy or copies of the warrant or warrants of commitment and detainer, or otherwise upon oath made, that such copy or copies were denied to be given by such person or persons in whose custody the prisoner or prisoners is or are detained, are hereby authorized and required, upon request made in writing by such person or persons, or any on his, her, or their behalf, attested and subscribed by two witnesses, who were present at the delivery of the same, to award and grant an habeas corpus under the seal of such court whereof he shall then be one of the judges, to be directed to the officer or officers in whose custody the party so committed or detained shall be, returnable immediate before the said lord chancellor, or lord keeper, or such justice, baron, or any other justice or baron of the degree of the coif, of any of the said courts; and, upon service thereof as aforesaid, the officer or officers, or his or their under-officer or under-officers, under-keeper or under keepers, or their deputy, in whose custody the party is so committed or detained, shall, within the times respectively before limited, bring such prisoner or prisoners before the said lord chancellor, or lord keeper, or such justices, barons, or one of them, before whom the said writ is made returnable; and, in case of his absence, before any other of them, with the return of such writ, and the true causes of the commitment and detainer, and thereupon, within two days after the party shall be brought before them, the said lord chancellor, or lord keeper, or such justice or baron, before whom the said prisoner shall be brought, as aforesaid, shall discharge the said prisoner from his imprisonment, taking his or their recognizance, with one or more surety or sureties, in any sum, according to their discretions, having regard to the quality of the prisoner and nature of the offence, for his or their appearance in the Court of King's Bench the term following, or at the next assizes, sessions, or general gaol delivery of and for such county, city, or place, where the commitment was, or where the offence was committed, or in such other court where the said offence is properly cognizable, as the case shall require, and then shall certify the said writ with the return thereof, and the said recognizance or recognizances into the said court where such appearance is to be made, unless it shall appear unto the said lord chancellor, or lord keeper, or justice or justices, or baron or barons, that the party so committed 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 or justices of the peace, for such matters or offences for which by the law the prisoner is not bailable.
IV. Provided always, and be it enacted, that if any person shall have wilfully neglected, by the space of two whole two terms, terms after his imprisonment, to pray a habeas corpus for his enlargement, such person so wilfully neglecting shall not have any habeas corpus to be granted in vacation time, in pursuance of this act.
to pray a
V. And be it further enacted by the authority aforesaid, that if any officer or officers, his or their under-officer or under-officers, under-keeper, or under-keepers, or deputy, shall neglect or refuse to make the returns aforesaid, or to bring the body or bodies of the prisoner or prisoners, according to the command of the said writ, within the respective times aforesaid, or upon demand made by the prisoner, or person in his behalf, shall refuse to deliver, or within the space of six hours after demand shall not deliver, to the persons so demanding, a true copy of the warrant or warrants of commitment and detainer of such prisoner, which he and they are hereby required to deliver accordingly; all and every the head-gaolers and keepers of such prisons, how to be and such other person in whose custody the prisoner shall proceeded be detained, shall for the first offence forfeit to the prisoner against for not obeying or party grieved, the sum of one hundred pounds, and for such writs. the second offence the sum of two hundred pounds, and shall and is hereby made incapable to hold or execute his said office; the said penalties to be recovered by the prisoner or party grieved, his executors or administrators, against such offender, his executors or administrators, by any action of debt, suit, bill, plaint, or information, in any of the King's courts at Westminster, wherein no essoin, protection, privilege, injunction, wager of law, or stay of prosecution by non vult ulterius prosequi, or otherwise, shall be 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 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 person within the said penalty for the second offence.
to be recoin
VI. And, for the prevention of unjust vexation, reiterated at large, not commitments for the same offence, be it enacted, by the aumitted, but thority aforesaid, that no person or persons, which shall be by order of delivered, or set at large, upon any habeas corpus, shall at any time hereafter be again imprisoned or committed for the same offence, by any person or persons whatsoever, other than by the legal order and process of such court, wherein he 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, de
livered, 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 Persons any person, or persons, shall be committed for high treason, for treason or felony, plainly and specially expressed in the warrant of or felony, commitment, upon his prayer, or petition, in open court, shall be inthe first week of the term, or first day of the sessions of oyer dicted the and terminer, or general gaol delivery, to be brought to his or let to trial, shall not be indicted, some time in the next term, bail; 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, and tried sessions of oyer and terminer, or general gaol delivery, after the term, &c. his commitment, or upon his trial shall be acquitted, he after, or disshall be discharged from his imprisonmeut.
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 his 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 work house, or house of correction, or where the prisoner is removed from one prison,. or place, to another, within the same county, in order to
1 Vent. 346.
his, or her, trial, or discharge in due course of law; or in case of sudden fire or infective necessity; and if any person or persons shall, after such commitment aforesaid, make out and sign, or countersign, any warrant, or war. rants 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, but 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 for denying 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 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 detainder, 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.
Counties palatine, and privi
Prosecutions for offences, within that
XI. And be it declared and enacted, by the authority aforesaid, that an habeas corpus, according to the true intent and meaning of this act, may be directed and run into any county palatine, the cinque ports, or other privileged places, within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed, and the islands of Jersey, or Guernsey; and law or usage to the contrary, notwithstanding.
XVII. Provided also, and be it enacted, that no person, or persons, shall be sued, impleaded, molested, or troubled, for any offence against this act, unless the party offending time, to be be sued, or impleaded for the same, within two years, at the most, after such time 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, his, or her delivery out of prison, which shall first happen. XVIII. And, to the intent, no person may avoid his claimed, no trial at the assizes, or general gaol delivery, by procuring prisoner to his removal before the assizes, at such time as he cannot be removed, be brought back to receive his trial there, be it enacted, that, after the assize, proclaimed for that county where
After the assizes pro
the judge of assize.
the prisoner is detained, no person shall be 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.
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, In suits for that if any information, suit, or action shall be brought, or offence exhibited, against any person, or persons, for any offence law, the deagainst this committed, or to be committed, against the form of this fendants law, it shall be lawful for such defendants to plead the may plead general issue, that they are not guilty, or that they owe the general 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.
not be re
XXI. And, because many times, persons charged with Persons petty treason, or felony, or as accessories thereunto, are committed committed upon suspicion only, whereupon they are bail- as accessoable, or not, according as the circumstances making out to petty that suspicion are more or less weighty, which are best treason or known to the justices of the peace that committed the per- felony, shall sons, and have the examinations before them, or to other moved or justices of the peace in the county; be it therefore enacted, bailed, that when any person shall appear to be committed by any otherwise judge, or justice of the peace, and charged as accessory this act before the fact, to any petty treason or felony, or upon sus- made. 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.
56 Geo. 3, c. 100.
I. [Enacts, that where any person shall be confined, or restrained of his, or her, liberty (otherwise than for some criminal, or supposed criminal, matter, and except persons imprisoned for debt, or by process in any civil suit), it shall be lawful for any one of the Barons of the Exchequer, of the degree of the coif, as well as for any one of the justices of one bench or the other, upon complaint, &c., to