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dience to such writ,
award in vacation time, a writ of habeas corpus ad sub-
under the seal of which the said writ issued.]
that if the person, or persons, to whom any writ of habeas be a con. corpus shall be directed, according to the provision of this tempt of
act, upon service of such writ, either by the actual delivery court, and
thereof to him, her, or them, or by leaving the same at the
place where the party shall be confined or restrained, with
mined, unless sooner ordered by the court to be discharged. Judges to Provided, that if such writ shall be awarded so late in the
vacation, by any one of the said justices, or barons, that in corpus,
his opinion obedience thereto cannot be conveniently paid
during such vacation, the same shall, and may, at his disvacation,
cretion, be made returnable in the court of which the said returnable in court in justice, or baron, shall be a justice, or baron, at a day cer
tain in the next term ; and the said court shall, and may,
proceed thereupon, and award process of contempt, in case Courts to
of disobedience thereto, in like manner as upon disobedience
make writs of habeas
the next term.
also, that if such writ shall be awarded by the Court of returnable in King's Bench, or the Court of Common Pleas, or Court of vacation.
make writs issued in term, re
Exchequer, in the said counties respectively, which lastmentioned court shall have like power to award such writs as the respective Courts of King's Bench and Common Pleas, in each of the said counties, 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 jastice, or baron, of the degree of the coif, or, if in Ireland, be. fore 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.
VI. And be it further enacted, by the authority aforesaid, Process of that the several provisions made in this act, touching the contempt making writs of habeas corpus, issuing in time of vacation, may be
awarded in returnable into the said courts, or for making such writs, awarded in term time, returnable in vacation, as the cases against per. may respectively happen, and also for making wilful diso- sons dis: bedience thereto a contempt of the court, and for issuing
obeying warrants to apprehend and bring before the said justices, habeas cor. or barons, or any of them, any person, or persons, wilfully pus in euses disobeying any such writ, and, in case of neglect or refusal within to become bound as aforesaid, for committing the person, or 31 Car. 2.c.
, persons, so neglecting or refusing, to gaol as aforesaid, re- 2. specting the recognizances to be taken as aforesaid, and the proceeding, or proceedings, thereon, shall extend to all writs of hubeas corpus, awarded in pursuance of the said act, passed in England in the thirty-first year of the reign of King Charles the Second.
Note.—The writ of habeas corpus ad As to the Courts of Common Pleas subjiciendum is a bigh prerogative and Exchequer, see what is said in writ, by which the king has a right 2 H. P. C. 144. The power of the to inquire the causes for which any superior courts of justice to bail in of his subjects are deprived of their criminal cases, does not seem to liberty, and the stat. 31 Ch. 2, c. have been restrained by any sta. 2, was passed in order to give this tutes, for the 3 Ed. 1, č. 15, only writ greater efficacy. It is issuable pointed out what offences should at common law out of the Court of be replevisable by the sheriff, and Chancery, in vacation as well as in the 1 and 2 P. & M. c. 13, reterm time, the Court of Chancery strained justices of the peace from being always open : 2 Inst. 53, and bailing persons not replevisable by see Crowley's case, 1 Swanst. 1. For the statute of Ed, 1. Still, though the manner in which the Chancellor not within the purview of either proceeds in criminal cases, upon of these statutes, the courts were the return of the writ, see 2 H.P.C. guided in a great measure by the 147. With regard to the Court of rules of the former: 2 H. P. C. King's Bench, it seems doubtful 118; and probably they will whether a judge of that court has equally be guided by every existpower at common law to issue writing statute on the subject. For a of habeus corpus in the vacation. general view of the history of bail in criminal cases, see the Letter of commitment, the prisoner must be Junius to Lord Mansfield, vol. 2, remanded, it would be nugatory to Woodfull's ed. The Court of King's grant such a writ of course. And Bench appears to have unlimited even upon the Habeas Corpus Act, power in bailing in all criminal it is questionable whether the writ cases which savour of oppression, is grantable of course; for the act for it may, in its discretion, and directs the judge to grant the writ upon consideration of the circum- in vacation, upon view of the copy of stances, bail any person who shall the warrant: Hobhouse's case, 3 Ď. appear to have been unjustly de- A. 420. For other cases on this subprived of his liberty by any inferior ject, see er parte Krans, 2 D. & R. court, 2 H. P. C. 182; and that 411; 1 B. & C. 258; Mitchell v. without any regard to the case being Matcheson, id. 513; ex parte Beeching, in or out of the Habeas Corpus Act. 6 D. & R. 209; 4 B. & C. 136. Thus, where the benefit of the Ha. The truth of a return to a habeas beas Corpus Act was refused for corpus in criminal cases cannot be irregularity in the proceedings, the controverted : 2 Haw. P. C. 113. prisoner was nevertheless bailed As to sufficient and insufficient reupon the special circumstances, he turns, see Rex v. Winton, 5 T. R. having been long in prison and dan- 89; Rex v. Suddis, 1 East, 306; ex gerously ill: 3 Vin. Abr. 155. But parte Eden, 2 M. & S. 226; ex parte as, on the one hand, this court Gill, 7 East, 376; and Com. Dig. may, where the suspicion is slight, title Bail. See also Sir W. Windbail in all cases of felony, even in ham's case, 3 Vin. Abr. 515, in wbich case of murder, though there should the warrant was considered good, be no doubt as to the validity of though merely expressing that Sir the warrant of commitment, so, on
W. W. was is committed for high the other hand, it has power to re- treason,” without stating the speci. mand the prisoner, notwithstanding fic treason, a determination founded that the warrant of commitment is on a subtle distinction of Lord defective, the corpus delicti appear- Coke's, and directly at variance ing in the depositions : 3 East, 164. with the opinion of the Lord Chief Nioreover, the writ of habeas corpus Justice Holt, in Rex v. Kendal, 1 at common law is not grantable by Lord Raym. 65. In bailing felothis court as of course; it issues nies, the Court of King's Bench inupon a motion grafted on a copy variably requires four sureties : of the commitment; for where it is Rex v. Shaw, 6 D. 8. R. 154. evident, that upon the return of the
Bail by justicei.
BEFORE JUSTICES OF THE PEACE.
7 Geo. 4, c. 61. Whereas it is expedient to define under what circumstances persons may be admitted to bail in cases of felony, and to make better provision for taking examinations, informations, bailments, and recognizances, and returning the same to the proper tribunals: and whereas the technical strictness of criminal proceedings might in many instances be relaxed, so as to ensure the punishment of the guilty, without depriving the accused of any just means of de. fence; and the administration of justice in that part of the united kingdom called England might in other respects be
rendered more effectual : be it therefore enacted, &c., that who may be where any person shall be taken on a charge of felony, or admitted to suspicion of felony, before one or more justice or justices bail on a of the peace, and the charge shall be supported by positive felony, and and credible evidence of the fact, or by such evidence as, who may
if not explained or contradicted, shall, in the opinion of the not. | justice or justices, raise a strong presumption of the guilt of
e person charged, such person shall be committed to prison by sach justice, or justices, in the manner hereinafter men. tioned; but if there shall be only one justice present, and the whole evidence given before him, shall be such as neither to raise a strong presumption of guilt, nor to warrant the dismissal of the charge, such justice shall order the person charged to be detained in custody, until he or she shall be taken before two justices at the least; and where any person so taken, or any person in the first in. stance taken before two justices of the peace, shall be charged with felony, or on suspicion of felony, and the evidence given in support of the charge shall, in their opinion, pot be such as to raise a strong presumption of the guilt of the person charged, and to require his or her committal, or such evidence shall be adduced on behalf of the person charged, as shall in their opinion weaken the presumption of his or her guilt, but there shall notwithstanding appear to them, in either of such cases, to be sufficient ground for judicial inquiry into his or her guilt, the person charged shall be admitted to bail by such two justices, in the man. ner bereinafter mentioned ; provided always, that nothing berein contained shall be construed to require any such justice or justices to hear evidence on behalf of any per. bon so charged, as aforesaid, unless it shall appear to him or them to be meet and conducive to the ends of justice to
hear the same.
of wilful perjury
12 Geo. 1, c. 29. IV. For avoiding the great mischiefs and abuses which Persons conarise from infamous and wicked persons already convicted victed of or forgery practising as attorneys or soli
practising as citors, in courts of law and equity, be it enacted, that if attorneys, aty person who hath been, or who shall be convicted of &c. offendforzery, or of wilful and corrupt perjury, or subornation of ing against perjury, or common barratry, shall, after the said 24th day be transportof June
, act or practise as an attorney, or solicitor, or agent, ed. in any suit or action brought, or to be brought in any court of law or equity, within that part of Great Britain called Bagland, the judge or judges of the court, where such suit or action is or shall be brought, shall, upon complaint or information thereof, examine the matter in a summary way in open court; and is it shall appear to the satisfaction of such
judge or judges, that the person complained of, or against
to be transported.
Case of barratry, 8 Rep. 36. can be a barrator in respect of one
9 Geo. 4, c. Big?my.
Be it enacted, that if any person, being married, shall marry any other person, during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and, being convicted thereof, shall be liable to be transported beyond the seas, for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol, or house of cor
rection, for any term not exceeding two years; and any Place of such offence may be dealt with, inquired of, tried, deter. trial
mined, and punished, in the county where the offender
shall be apprehended, or be in custody, as if the offence Exceptions. had been actually committed in that county: provided
always, that nothing herein contained shall extend to any
by the sentence of any court of competent jurisdiction.