Page:Ruffhead - The Statutes at Large - vol 3.djvu/447

 'A. D.I 679. Anno tricefimo primo Caroli If* C. 2. 399J j or they (hall forfeit to the Prlfoner or Party grieved the Sum of five hundred Pounds ; any colourable Pre- ' tence or Variation in the Warrant or Warrants of Commitment notvvithftanding, to be recovered as afor' iaid. j VII. Provided always, and be it further enadted, That if any Perfon or Perfons Ihall be committed for Perfom ccm- j High Treafon or Felony, plainly and fpeciaJly expreflcd in the Warrant of Commitment, upon his Prayer mitejr.jr Vfea-"- j or Petition in open Court the firfl: Week of the Term, or firft Day of the Seffions of O^icr and Ternninr or *""" °^ Felony/ General Gaol-delivery, to be brought to his Trial, fliall not be indidled fome Time in the next Term, Sef- ","." ^"^ 'I'f'^"'-' fions of Oyer znd Terminer or General G..0I- deli very, after fuch Commitment; it Qiall and may be lawful oriet toBail^^' ' 1 to and for the Judges of the Court of King's Bench and Juftices of Oyer and Termbnr or General Gaol- ' j delivery, and they are- hereby required, upon Motion to them made in open Court the laft Day of the < Term, Seffions or Gaol-delivery, either by the Prifoner or any one in his Behalf, to fet at Liberty the • | Prifoner upon Bail, unlefs it appear to the Judges and Juftices upon Oath made, that the WitnelTes for the ! King could not be produced the fameTerm, Seffions or General Gaol-delivery ; (2) and if any Perfon or Per- And tned ihj • i fons committed as aforefaid, upon his Prayer or Petition in open Court the firft Week of the Term oi- firft Tcrm.ic. after,. , Day of the Seffions of Oyer and Terminer and General Gaol-delivery, to be brought to his Trial, fhall not o^''^harfed,. • be indidted and tried the fecond Term, Seffions of Oyer and Terminer or General Gaol-delivery, after his ' ^"^" '^ Commitment, or upon his Trial fhall be acquitted, he fhall be difcharged from his Imprifonment, Vril- Provided always. That nothing in this Adt fhall extend to clifcharge out of Prifon any Ptrfon '■ charged in Debt, or other AxStion, or with Procefs in any Civil Caufe, but that after he fhall be difcharged' , ■ of his Imprifonment for fuch his Criminal Ofience, he fnall be kept in Cuftody according to. the Law, for 1 { fiich other Suit.. IX. Provided always^ and'beitenaifted by the Authority aforefaid, -That if any.Perfon or Perfons, Sub-- i je6ls of this Realm, fliall be committed to any Prifon or in Cuftody of any Officer or Officers whatfoever,, i for any Criminal or fuppofed Criminal Matter, that the faid Perfon fhall not be removed from the faid Prifon ■ ! and Cuftody into the Cuftody of any other Officer or Officers ; (2) unlefs it be by Habeas Coi-pus or fome : other legal Writ ; or where the Prifoner is delivered to the Conftable or other inferior Officer to carry fuch; ; ] Prifoner to fome Common Gaol; (3) or where any Perfon is fent by Order of any Judge of Affize or Juf- tice of the Peace, to any common Work-Houfe or Houfe of Correction ; f^) or where the Prifoner is- re- ] moved from one Prifon or Place to another within the fame County, in order to his or her Trial or Dif-- ] charge in due Courfe of Law ; (0 or in Cafe of fudden Fire or Infedlion, or other Neceffity j. . (6) and ' j if any Perfon or Perfons Ihall after fuch Commitment aforefaid make out and fign, or counterfign any. Warrant or Warrants for fuch Removal aforefaid, contrary to this Adt ; as well he that makes or figns, or j -■ counterfigns fuch Warrant or Warrants as the Officer or Officers that obey or execute the fame, fhall fufFer ■ ] ' and incur the Pains and Forfeitures in this Adt before mentioned, both for the firft and fecond Offence re- ! j fpedlively, to be recovered in Manner aforefaid by the Party grieved. ] ' X. Provided alfo, and.be it further enadted by the A.uthority aforefaid. That it fhall and may be lawful ' '•■ to and for any. Prifoner and Prifoners as aforefaid, to move and obtain his or xeh Habeas Corpus as well out. i ' 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; (2) and if the faid Lord Chancellor or Lord Keeper, or any Judge or Judges, ThePenait/.: '■ Baron or Barons for the Time being, of the Degree of the Coif, of any of the Courts aforefaid, in the for denying a - ; Vacation-time, upon View of the Copy or Copies of the Warrant or Warrants of Commitment or De- Habeas Corfi;!*'- tainer, or upon Oath made that fuch Copy, or Copies were denied as aforefaid, fhall deny any Wl^it of Habeas Corpus by, thisAdl required to be granted, being moved for as aforefaid, they fhall feverally forfeit to ■ the Prifoner or Party grieved the Sum of five hundred Pounds, to be recovered in Manner aforefaid. XL And be it declared and enadted by the Authority aforefaid. That an Habeas Corpus according to the- Habeas Corpus-^; ' true Intent and Meaning of this Adt, may be diredted and run into any County Palatine, the Cinque- IwUrunin j Ports, or other privileged Places within the Kingdom of England, Dominion of Wales, or Town of Ber- 9°"""^" PaU- j wick upon Tweed, and the Iflands of 'JerJ^ey or Guernfe^ ; any Law or Ufage to the contrary notwithftanding. [eged^Placesl" ■ XII. And for preventing illegal Imprilbnments in Prifons beyond the Seas; (2} Beit further enadted by fjjjg^jj;,^^.^ .j^ ; ] the Authority aforefaid. That no Subject of this Realm that now is, or hereafter fhall be an Inhabitant or be fentVo Fo- ' Refiant of this Kingdom of England, Dominion of Wales, or Town of Berwick upon Tweed, fhall or may- reifn Prifons. . j ■ be fent Prifoner into 5<rfl?/cH^, Ireland, Jerfey, Guernfey, Tangier, or into Parts, Garrifons, Iffands or Places' 2 ^'"'•■3*4«-'- < beyond the Seas, which are or at any hereafter fhall be within or without the Dominions of his Majefty,- .. ; i his Heirs or Succeubrs ; (3) and that every fuch Imprifonment is hereby enadted and adjudged to be illeg.al ;, . ; . {if) and that if any of the laid Subjedts now is or hereafter fliall be fo imprifoned, every fuch Perfon and, : Perfons fo imprifoned, fhall and may for every fuch Imprifonment maintain by Virtue of this Adt an Adtion ■ or Adlions of F-alfe Imprifonment, in any of his Majefty's Courts of Record, againft the Perfon or Perfons 1 ! by whom he or fhe fhall be fo committed, detained, imprifoned, fent Prifoner or tranfported, contrary., to the true Meaning of this Adt, and againft all or any Perfon or Perfons that fliall frame, contrive, writK, , i faal or counterfign any Warrant or Writing for fuch Commiiment, Detainer, Imprifonment or Tranfpor- ;
 * tation, or fhall be advifing, aiding or affifting in the fame, or any of th. ni j (1;) and the PlaintilFin every fuch The Penaltyst;.

Adtion fhall have Judgment to recover his treble Cofts, befides Damages, which Damages io to be given, j fliall not be lefs than five hundred Pounds; (6) in which Adtion no' Delay, Stay or Stop of Proceeding by. Rule, C3rder or Command, nor no Injundlion, Protedtion or Privilege whatfoever, nor any more than one ' Imparlance fhall be allowed, excepting fuch Rule of the Court wherein the Adtion fhall _ depend, made in j open Court, as fhall be thought in Juftice neceffary, for fpecial Caufe to be exprefTed in the faid Rule; i l) and the Perfon or Perfons who fhall knowingly frame, contrive, write, feal or counterfign any War- i rant for fuch Commitment, Detainer or Tranfportation, or fhall fo commit, detain,; imprifon or tranfport any Perfon or Perfons contrary to this Adt, or be any ways advifing, aiding or affiiting therein being law- fully convidled thereof, fhall be difabled itom. thenceforth to bear any Office of Truft or_ Profit within the-; laid Realm of England^ Dominion of WaUsi or Town of Berwick upon Tweedy, or any of the Iflands, Tef- litories- ^