App. IIA]
Item 18
Habeas Corpus Act 1679
[1987 Ed.
Whensoever any person or persons shall bring any habeas corpus directed unto any sheriffe or sheriffes gaoler minister or other person whatsoever for any person in his or their custody and the said writt shall be served upon the said officer or left at the gaole or prison with any of the under officers underkeepers or deputy of the said officers or keepers that the said officer or officers his or their under officers under-keepers or deputyes shall within three dayes after the service thereof as aforesaid (unlesse the committment aforesaid were for treason or fellony plainely and specially expressed in the warrant of committment) [upon payment or tender of the charges of bringing the said prissoner to be ascertained by the judge or court that awarded the same and endorsed upon the said writt not exceeding twelve pence per mile] and upon security given by his owne bond to pay the charges of carrying backe the prisoner if he shall bee remanded by the court or judge to which he shall be brought according to the true intent of this present Act and that he will not make any escape by the way make returne of such writt [or] bring or cause to be brought the body of the partie soe committed or restrained unto or before the lord chauncelior or lord keeper of the great seale of England for the time being or the judges or barons of the said court from whence the said writt shall issue or unto and before such other person [and] persons before whome the said writt is made returnable according to the command thereof, and shall [likewise then] certifie the true causes of his detainer or imprisonment unlesse the committment of the said partie be in any place beyond the distance of twenty miles from the place or places where such court or person is or shall be resideing and if beyond the distance of twenty miles and not above one hundred miles then within the space of ten dayes and if beyond the distance of one hundred miles then within the space of twenty dayes after such delivery aforesaid and not longer.
2. How writs to be marked-Persons committed, except for treason and felony, etc., may appeal to the lord chancellor, etc.- Habeas corpus may be awarded; and upon service thereof the officer to bring up the prisoners as before mentioned; and thereupon within two days lord chancellor, etc., may discharge upon recognizance; and certify the writ with the return and recognizance—Proviso for process not bailable. And to the intent that noe sheriffe gaoler or other officer may pretend ignorance of the import of any such writt bee it enacted by the authoritie aforesaid that all such writts shall be marked in this manner Per statutum tricesimo primo Caroli Secundi Regis and shall be signed by the person that awards the same] And if any person or persons shall be or stand committed or detained as aforesaid for any crime unlesse for treason or fellony plainely
'annexed to the original Act in a separate schedule.
2 and 0.
3 or 0.
then likewise 0.
5 the 0.
8
App. IIA]
Item 18
Habeas Corpus Act 1679
[1987 Ed.
Whensoever any person or persons shall bring any habeas corpus directed unto any sheriffe or sheriffes gaoler minister or other person whatsoever for any person in his or their custody and the said writt shall be served upon the said officer or left at the gaole or prison with any of the under officers underkeepers or deputy of the said officers or keepers that the said officer or officers his or their under officers under-keepers or deputyes shall within three dayes after the service thereof as aforesaid (unlesse the committment aforesaid were for treason or fellony plainely and specially expressed in the warrant of committment) [upon payment or tender of the charges of bringing the said prissoner to be ascertained by the judge or court that awarded the same and endorsed upon the said writt not exceeding twelve pence per mile1] and upon security given by his owne bond to pay the charges of carrying backe the prisoner if he shall bee remanded by the court or judge to which he shall be brought according to the true intent of this present Act and that he will not make any escape by the way make returne of such writt [or2] bring or cause to be brought the body of the partie soe committed or restrained unto or before the lord chauncelior or lord keeper of the great seale of England for the time being or the judges or barons of the said court from whence the said writt shall issue or unto and before such other person [and3] persons before whome the said writt is made returnable according to the command thereof, and shall [likewise then*] certifie the true causes of his detainer or imprison- ment unlesse the committment of the said partie be in any place beyond the distance of twenty miles from the place or places where such court or person is or shall be resideing and if beyond the distance of twenty miles and not above one hundred miles then within the space of ten dayes and if beyond the distance of one hundred miles then within the space of twenty dayes after such (5) delivery aforesaid and not longer.
2. How writs to be marked-Persons committed, except for treason and felony, etc., may appeal to the lord chancellor, etc.- Habeas corpus may be awarded; and upon service thereof the officer to bring up the prisoners as before mentioned; and thereupon within two days lord chancellor, etc., may discharge upon recognizance; and certify the writ with the return and recognizance—Proviso for process not bailable. And to the intent that noe sheriffe gaoler or other officer may pretend ignorance of the import of any such writt bee it enacted by the authoritie aforesaid that all such writts shall be marked in this manner Per statutum tricesimo primo Caroli Secundi Regis and shall be signed by the person that awards the same1] And if any person or persons shall be or stand committed or detained as aforesaid for any crime unlesse for treason or fellony plainely
'annexed to the original Act in a separate schedule.
2 and 0.
3
or 0.
then likewise 0.
5 the 0.
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