1987 Ed.]
3.
Habeas Corpus Act 1816
[App. IIA
39
Item 48
Proceedings not liable to any stamp duty.-And.... neither the petitions, nor any proceedings upon the same or relative thereto, nor the copies of any such petitions or proceedings, shall be subject or liable to the payment of any stamp duty whatever.
THE HABEAS CORPUS ACT 1816
(56 Geo. 3 c. 100)
[Extracted from Halsbury's Statutes of England (2nd edition), Vol. 6, p. 96]
An Act for more effectually securing the Liberty of the Subject.
[1st July, 1816.]
[1.] Judges to issue, in vacation, writs of habeas corpus returnable immediately, in cases other than for criminal matter, or for debt, or on civil process.-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) within that part of Great Britain called England, dominion of Wales, or town of Berwick-upon-Tweed, or the Isles of Jersey, Guernsey, or Man, it shall and may 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, and where any person shall be so confined in Ireland, it shall and may be lawful for any one of the barons of the Exchequer, or of the justices of one bench or the other in Ireland, and they are hereby required, upon complaint made to them by or on the behalf of the person so confined or restrained, if it shall appear by affidavit or affirmation (in cases where by law an affirmation is allowed) that there is a probable and reasonable ground for such complaint, to award in vacation time a writ of habeas corpus ad subjiciendum, under the seal of such court, whereof he or they shall then be judges or one of the judges, to be directed to the person or persons in whose custody or power the party so confined or restrained shall be, returnable immediately before the person so awarding the same, or before any other judge of the court under the seal of which the said writ issued.
2. Non-obedience to such writ to be a contempt of court, and punishable accordingly-Judges to make writs of habeas corpus, issued late in vacation, returnable in court in the next term-Courts to make writs issued late in term returnable in vacation.-. If the person or persons to whom any writ of habeas corpus shall be directed according to the provision of this Act, upon service of such writ, either by the actual delivery thereof to him, her, or them, or by leaving the same at the place where the party shall be confined or
Item 50
Page 40
Page 41
1987 Ed.]
3.
Habeas Corpus Act 1816
[App. IIA
39
Item 48
Proceedings not liable to any stamp duty.-And.... neither the petitions, nor any proceedings upon the same or relative thereto, nor the copies of any such petitions or proceedings, shall be subject or liable to the payment of any stamp duty whatever.
THE HABEAS CORPUS ACT 1816
(56 Geo. 3 c. 100)
[Extracted from Halsbury's Statutes of England (2nd edition), Vol. 6, p. 96]
An Act for more effectually securing the Liberty of the Subject.
[1st July, 1816.]
[1.] Judges to issue, in vacation, writs of habeas corpus return- able immediately, in cases other than for criminal matter, or for debt, or on civil process.-Where any person shall be confined or restrain- ed 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) within that part of Great Britain called England, dominion of Wales, or town of Berwick-upon- Tweed, or the Isles of Jersey, Guernsey, or Man, it shall and may 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, and where any person shall be so confined in Ireland, it shall and may be lawful for any one of the barons of the Exchequer, or of the justices of one bench or the other in Ireland, and they are hereby required, upon complaint made to them by or on the behalf of the person so confined or restrained, if it shall appear by affidavit or affirmation (in cases where by law an affirmation is allowed) that there is a probable and reasonable ground for such complaint, to award in vacation time a writ of habeas corpus ad subjiciendum, under the seal of such court, whereof he or they shall then be judges or one of the judges, to be directed to the person or persons in whose custody or power the party so confined or restrained shall be, returnable immediately before the person so awarding the same, or before any other judge of the court under the seal of which the said writ issued.
2. Non-obedience to such writ to be a contempt of court, and punishable accordingly-Judges to make writs of habeas corpus, issued late in vacation, returnable in court in the next term-Courts to make writs issued late in term returnable in vacation.-. If the person or persons to whom any writ of habeas corpus shall be directed according to the provision of this Act, upon service of such writ, either by the actual delivery thereof to him, her, or them, or by leaving the same at the place where the party shall be confined or
Item 50
Page 40Page 41
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