12
App. IIA]
Item 18
Habeas Corpus Act 1679
[1987 Ed.
8.
Persons committed for criminal matter not to be removed but by habeas corpus or other legal writ-Unduly making out, etc., warrant for removal; penalty. Provided always that if any person or persons subject of this realm shall be committed to any2 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 his or her trial or discharge in due course of law or in case of sudden fire or infection or other necessity1] 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.
9. Proviso for application for and granting habeas corpus in vacation time--Lord chancellor, etc., unduly denying writ; penalty to party, £500.-Provided also.... 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 detainer or upon oath made that such copy or3 copyes 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 summe of five hundred pounds to be recovered in manner aforesaid.
16. Limitation of prosecution for offences against this Act. -Provided also.... that no person or persons shall be sued impleaded molested or troubled for any offence against this Act unless the party offending 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 years1 after the decease of the person imprisoned or his or her delivery out of prison which shall first happen.
1 annexed to the original Act in a separate schedule.
2 interlined on the roll.
3 or 0.