1987 Ed.]
Habeas Corpus Act 1679
[App. IIA
and recovered, or otherwise duely made to appeare that then and in every such case he or she shall respectively refund and pay backe to the administrator his or her rateable part of that debt or debts, and of the costs of suite and charges of the administrator by reason of such debt out of the part and share soe as aforesaid allotted to him or her, thereby to enable the said administrator to pay and satisfie the said debt or debts soe discovered after the distribution made as aforesaid.
6. Proviso for administration cum testamento annexo.-Provided alwayes ... that in all cases where the ordinary hath used heretofore to grant administration cum testamento annexo, he shall continue soe to doe, and the will of the deceased in such testament expressed shall be performed and observed in such manner as it should have beene if this Act had never beene made.
THE HABEAS CORPUS ACT 1679
(31 Car. 2 c. 2)
[Extracted from Halsbury's Statutes of England (2nd edition), Vol. 6, p. 84]
An Act for the better secureing the Liberty of the Subject and for Prevention of Imprisonments beyond the Seas.
Recital that delays had been used by sheriffs in making returns of writs of habeas corpus, etc.-Whereas great delayes have beene used by sheriffes, gaolers and other officers to whose custody any of the Kings subjects have beene committed for criminall or supposed criminall matters in makeing returnes of writts of habeas corpus to them directed by standing out an alias and pluries habeas corpus and sometimes more, and by other shifts to avoid their yeilding obedience to such writts contrary to their duty and the knowne lawes of the land whereby many of the Kings subjects have beene and hereafter may be long detained in prison in such cases where by law they are baylable to their great charge and vexation. For the prevention whereof and the more speedy releife of all persons imprisoned for any such criminall or supposed criminall matters bee it enacted by the Kings most excellent Majestie by and with the advice and consent of the lords spirituall and temporall and commons in this present Parlyament assembled and by the authoritie thereof that
[1] Sheriff, etc., within three days after service of habeas corpus, with the exception of treason and felony, as and under the regulations herein mentioned, to bring up the body before the court to which the writ is returnable; and certify the true causes of imprisonment.
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Item 15
Item 18
1987 Ed.]
Habeas Corpus Act 1679
[App. IIA
and recovered, or otherwise duely made to appeare that then and in every such case he or she shall respectively refund and pay backe to the administrator his or her rateable part of that debt or debts, and of the costs of suite and charges of the administrator by reason of such debt out of the part and share soe as aforesaid allotted to him or her, thereby to enable the said administrator to pay and satisfie the said debt or debts soe discovered after the distribution made as aforesaid.
6. Proviso for administration cum testamento annexo.-Pro- vided alwayes . . . . that in all cases where the ordinary hath used heretofore to grant administration cum testamento annexo, he shall continue soe to doe, and the will of the deceased in such testament expressed shall be performed and observed in such manner as it should have beene if this Act had never beene made.
THE HABEAS CORPUS ACT 1679
(31 Car. 2 c. 2)
[Extracted from Halsbury's Statutes of England (2nd edition), Vol. 6, p. 84]
An Act for the better secureing the Liberty of the Subject and for
Prevention of Imprisonments beyond the Seas.
Recital that delays had been used by sheriffs in making returns of writs of habeas corpus, etc.-Whereas great delayes have beene used by sheriffes gaolers and other officers to whose custody any of the Kings subjects have beene committed for criminall or supposed criminall matters in makeing returnes of writts of habeas corpus to them directed by standing out an alias and pluries habeas corpus and sometimes more and by other shifts to avoid their yeilding obedience to such writts contrary to their duty and the knowne lawes of the land whereby many of the Kings subjects have beene and hereafter may be long detained in prison in such cases where by law they are baylable to their great charge and vexation. For the prevention whereof and the more speedy releife of all persons imprisoned for any such criminall or supposed criminall matters bee it enacted by the Kings most excellent Majestic by and with the advice and consent of the lords spirituall and temporall and com- mons in this present Parlyament assembled and by the authoritie thereof that
[1] Sheriff, etc., within three days after service of habeas corpus, with the exception of treason and felony, as and under the regulations herein mentioned, to bring up the body before the court to which the writ is returnable; and certify the true causes of imprisonment.-
7
Item 15
Item 18
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