Page:Ruffhead - The Statutes at Large - vol 3.djvu/446

 C.2i Anno tricefimo primo Caroli 11. A. D. 1679. Miles, and not above one hundred Miles, then within the Space of ten Days, and if beyond the Diftance of one hundred Miles, then within the Space of twenty Days, after fuch Delivery aforefaid, and not-longer. ' Such Writs how III. And to the Intent that no Sheriff, Gaoler or other Officer may pretend Ignorance of the Import of
 * to be marked, any fuch Writ ; (2) Be it enacted by the Authority aforefaid, That all fuch Writs fhall be marked in this

Manner, P^;- Statutiwi tiicefimo prinio Caroli Sccundi Regis, and fhall be figned by the Perfon that awards Writs of Habeas the. fame ; (3) and if any Ferfon oi Perfons fliall be or ftand committed or detained as aforefaid, for any I Corpus, and the c^irne, runlsls for Felony Of IVeafon plainly exprelTed in the Warrant of Commitment, in the Vacation- • Pweedings .'j'j^g^ gj^j ^j^ Qf Term^ it fhall and may be lawful to and for the Perfon or Perfons fo committed or de- ' °" '" *' .tained f other than Perfons Convict or in Execution by legal Procefs) or any one on his or their Behalf, to 1 1 • .1 T 1 <"■: ii_.. T __j T^ ".. _r u- ^y^„:„A,.'„ T..a;, „:^i e .cation time. .appeal or complain to the Lord Chancellor or Lord Keeper, or any one of his Majefly's Juftices, either of the one Bench or of the other, or the Barons of the Exchequer of the Degree of the Coif; (4) and the faid Lord Chancellor, L'^rd Keeper, Juflices or Barons or any of them, upon View of the Copy or Copies ■ jof the Warrant or Warrants of Commitment and Detainer, or otherwife upon Oath made that fuch Copy or Copies were denied to be given by fuch Perfon or Perfons in whofe Cuftody the Prifoner or Prifoners is or are detained, are hereby authorized, and required, upon Requeft made in Writing by fuqh Perfon or Perfons, or any on his, her or their Behalf, attefted and fubfcribed by two Witnefles who were prefent at the Delivery of the fame, to award and grant an Habeas Corpus under the Seal of inch Court whereof he fliall then be one of the Judges, (5) to be dire<9:ed to the Officer or Officers in whofe Cuftody the Party fo committed or detained fliall be, returnable immediate before the faid Lord Chancellor or Lord Keeper, ■ or fuch Juftice, Baron or any other Juflice or Baron of the Degree of the Coif of any of the faid Courts; (6) and upon Service thereof as aforefaid, the Officer or Officers, his or their Under-Officer or Under- . Officers, Under-Keeper or Under-Keepers, or their Deputy, in whofe Cuflody the Party is fo committed .or detained, fliall within the Times refpe£fively before limited, bring fuch Prifoner or Prifoners before the faid Lord Chancellor or Lord Keeper, or fuch Juflices, Barons or one of them, before whom the faid Writ is made returnable, and in Cafe of his Abfence before any other of them, with the Return of fuch Writ, and the true Caufes of the Commitment and Detainer; (7) and thereupon within two Days after the Party .ihall be brought before them, the faid Lord Chancellor or Lord Keeper, or fuch Juflice or Baron before whom the Prifoner fliall be brought as aforefaid, fhall difcharge the faid Prifoner from his Imprifonment, taking his or their Recognizance, with one or more Surety or Sureties, in any Sum according to their Dif- cretions, having regard to the Quality of the Prifoner and Nature of the Offence, for his or their Appear- ance in the Court of King's Bench the Term following, or at the next Affizes, Selfions or General i 'Gaol-delivery of and for fuch County, City or Place where the Commitment was, or where the Offence was com.mitted, or in fuch other Court where the faid Offence is properly Cognizable, as the Cafe fbfill ■require, and then fhall certify the faid Writ with the Return thereof, and the faid Recognizance or Recog- nizances into the faid Court where fuch Appearance is to be made ; (8) unlefs it fhall appear unto the faid Lord Chancellor or Lord Keeper, or*Juffice or Juflices, or Baron or Barons, that the Party fo committed is detained upon a legal Procefs, Order or Warrant, out of fome Court that hath Jurifdidiion of Criminal Matters, or by fome Warrant figned and fealed with the Hand and Seal of any of the faid Juflices or Ba- rons, or fome Juflice or Juflices of the Peace, for fuch Matters or Offences for the which by the Law the frifoner is not bailable. jPeifons.iiegka- IV. Provided always, and be it ena£led. That if any Perfon fhall have wilfully negle6ted by the Space ing tuo Terrns pf j-^q whole Terms after his Imprifonm.ent, to pray a Habeas Corpus for hfs Enlargement, fuch Perfon fo ■€.onL^ {bt^^ wilfully negle£ting fliall not have any Habeas Corpus to be granted in Vacation-time, inPurfuance of this A(ft. ihave none inVa- ^- And be it further enadled by the Authority aforefaid. That if any OiKcer or Officers, his or their Un- .cation t^rr.e, in der-Officer or Under -Officers, TJnder-'Keepcr or Under-Keepers, or Deputy, fliall negleft or refufe to Purruanceof make the Returns aforefaid, or to bring the Body or Bodies of the Prifoner or Prifoners according to the ithis Aa. .Command of the faid Writ, within the refpedlive Times aforefaid, or upon Demand made by the Prifoner itole"!-oc'erd or'Pe-rfon-in his Behalf, fnall refufe to deliver, or within the Space of fix Hours after Demand fnall not de- ■ed cga^n'ft'^for* ''^^"'i '^^ ^^ Perfon fo demanding, a true Copy of the Warrant or Warrants of Commitment and Detainer jiotobeying of ifuch Prifoner, which he and they are hereby required to deliver accordingly; all and every the Plead ifitcb Mrwi. iGaolers and Keepers of fuchPiifons, and fuch other Perfon in whofe Cuflody the Prifoner fhall be detained, fhall for the flrfl Offence forfeit to the Prifoner or Party grieved the Sum of one hundred Pounds ; (2) and for the fecond Offence the Sum of two hundred Pounds, and fhall and is hereby made incapable to hold or execute his faid Office; (3) the faid Penalties to be recovered by the Prifoner or Party grieved, his Exe- <:utors or Adminiflrators, agai-ft fuch Offender, his Executors or Adminiflrators, by any Adtion of Debt, -Suit, Bill, Plaint or Information, in any of the King's Courts at IVe/iminJler, wherein no Effoin, Pro- ■tesSion, Privilege, Injunfiion, Wager of Law, or Stay of Profecution by Non vult idtcrius profequi, or otherwife, fhall be admitted or allowed, or any morethan one Imparlancej (4} and any 'Recovery or Judg- ment at the Suit of any Party grieved, fhall be a fuffici.nt Conviction for the firft Offence ; and any after . ■Recovery or Judgment at the Suit of a Party grieved for any Offence after the firll Judgment, fliall be a fufficient ConviiStion to biing the Officer.^ or Perfon within the faid Penalty for the fecond Offence. Perfons fet at VI. And for the Prevention-of unjufl Vexation by reiterated Ccmmitments for the fame Offence; [z] ■ large not to be Be it enacted by the Authority aforefaid. That no Perfon or Pcribns which fhall be delivered or fet at large i r"b'"o-'i^ f ^'P°" ^-"y Habeas Corpus^ fhall at any Time herejtfter bi again impriibned or committed for the fame Of- ' Court ' "° fence by any Perfon or Perfons what&cver, other than by the legal Order and Procefs of fuch Court wherein he or they fhall be bound by Recognizance to appear, or other Court having Jurifdiilion of the Ciufej (3) and if any otherPerfon or Perfons iliall knowinglycontraiy to this AtSl recommit or imprifon, or -know- ingly procure or caafe to be recom.Tiitted or imprifoned, for the fame Offence or pretended Offence, any Periba or Perfons dehvered pr fet at large as aforclaid, or be knowingly aiding or afSfting therein, then he or