& MARY. Engl. stat. 1692. Persons taken upon 4. If any person or persons outlawed, or hereafter to be out- 4 & 5 WILL. lawed, in the said court (other than for treason and felony) shall be taken and arrested upon any capias utlagatum out of the said court, it shall and may be lawful to and for the sheriff or sheriffs, who hath or shall have taken and arrested such per- capias, &c., son and persons (in all cases where special bail is not required discharged. by the said court), to take an attorney's engagement under his hand to appear for the said defendant or defendants, and to reverse the said outlawries, and thereupon to discharge the said defendant and defendants from such arrests: and in those cases where special bail is required by the said court, the said sheriff or sheriffs shall and may take security of the said defendant or defendants by bond, with one or more sufficient surety or sureties, in the penalty of double the sum for which special bail is required, and no more, for his, her, or their appearance by attorney in the said court at the return of the said writ, and to do and perform such things as shall be required by the said court, and after such bond taken, to discharge the said defendant and defendants from the said arrests. after return 5. If any person or persons, outlawed as aforesaid, and taken Security and arrested upon a capias utlagatum, shall not be able, within of the writ. the return of the said writ, to give security as aforesaid, in cases where special bail is required, so as he or they are committed to gaol for default thereof, that whensoever the said prisoner or prisoners shall find sufficient security to the sheriff or sheriffs, in whose custody he or they shall be, for his or their appearance by attorney in the said court, at some return in the term then next following, to reverse the said outlawry or outlawries, and to do and perform such other thing and things as shall be required by the said court: it shall and may be lawful, to and for the said sheriff and sheriffs, after such security taken, to discharge and set at liberty the said prisoner and prisoners for the same; any law or usage to the contrary notwithstanding. of crown 6. Provided, That nothing in this act relating to informations Extends shall extend, or be construed to extend, to any other informations ations, than such as are or shall be exhibited in the name of by master their majesties' coroner or attorney in the court of King's Bench office. for the time being (commonly called the master of the crown office), any thing in the said act contained to the contrary notwithstanding. need not upon the 7. Upon the demise of any king or queen of this realm, all Defendants pleas to informations in the said court shall stand and be good plead again in law, without calling defendants to plead again to the same, king's unless the defendants desire so to do, and make request to the demise. said court for that purpose within five months next after such demise; any law or usage to the contrary notwithstanding. B B 7 & 8 WILL. III. c. 3. 7 and 8 WILL. III. c. 3.] For regulating of trials in cases of Engl. stat. treason and misprision of treason. 1695. No person to be indicted for treason unless within three years after offence. ENGL. [1695.] 7 and 8 Will. III. c. 3, sec. 5.] To the intent that the terror and dread of such criminal accusations may in some reasonable time be removed, Be it enacted, that no person or persons whatsoever shall be indicted, tried, or prosecuted for any such treason as aforesaid, or for misprision of such treason that shall be committed or done within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, unless the same indictment be found by a grand jury within three years next after the treason or offence done or committed. 16 & 17 Vic. c. 107. British stat. 1853. Within what time suits, in 16 and 17 Vic. c. 107.] The customs' consolidation act. BRIT. [1853.] 16 and 17 Vic. c. 107, sec. 303.] All suits, indictments, or informations brought or exhibited for any offence against this or dictments, any other act relating to the customs, in any court, or before tions are to any justice or justices, shall be brought or exhibited within three years next after the date of the offence committed. or informa be exhibited. 17 VIC. c. 2. 17 VIC. c. 2.] For the warehousing of goods imported into this Island Act. island, and for the prevention of smuggling. 1853. ISLD. [1st December, 1853.] 17 Vic. c. 2, sec. 35.] All actions or suits for the recovery of any of the penalties or forfeitures imposed by this act, or any act relating to the customs, or to trade or navigation, may be commenced or prosecuted at any time within three years after the offence committed, by reason whereof such penalty or forfeiture shall be incurred; any law, usage, or custom to the contrary notwithstanding. XXI. HABEAS CORPUS. 16 CAR. I. c. 10.] For the regulating the Privy Council, and for 16 CAR. I. taking away the court commonly called the Star Chamber. ENGL. [1640.] c. 10. Engl. stat. 1640. son com shall habeas 16 Car. I. c. 10, sec. 8.] If any person shall be committed, restrained of his liberty, or suffer imprisonment, by the order or decree of any court of Star Chamber or other court, at any time having or pretending to have the same or like jurisdiction, power, or authority to commit or imprison by the command or warrant of the king's majesty, his heirs or successors in their own person, or by the command or warrant of the council board, or any of the lords or others of his majesty's privy council; in every such case every person so committed, Every perrestrained of his liberty, or suffering imprisonment, upon de- mitted conmand or motion made by his counsel, or other employed by him trary to this for that purpose, unto the judges of the court of king's bench or have an common pleas, in open court, shall, without delay, upon any corpus. pretence whatsoever, for the ordinary fees usually paid for the same, have forthwith granted unto him a writ of habeas corpus, to be directed generally unto all and every sheriffs, gaoler, minister, officer, or other persons in whose custody the party committed or restrained shall be, and the sheriffs, gaoler, minister, officer, or other person in whose custody the party so committed or restrained shall be, shall at the return of the said writ, and according to the command thereof upon due and convenient notice thereof given unto him at the charge of the party who requireth or procureth such writ, and upon security by his own bond given, to pay the charge of carrying back the prisoner, if he shall be remanded by the court to which he shall be brought, as in like cases hath been used, such charges of bringing up and carrying back the prisoner to be always ordered by the court, if any difference shall arise thereabout, bring or cause to be brought the body of the said party so committed or restrained unto or before the judges or justices of the said court from whence the said writ shall issue, in open court, and shall then likewise certify the true cause of such his detainer or imprisonment, and thereupon the court, within three court days after such return made and delivered in open court, shall proceed to examine and determine whether the cause of such commitment appearing upon the said return be just and legal or not, and shall thereupon do what to justice shall appertain, either by delivering, bailing, or remanding the prisoner; and if anything shall be otherwise wilfully done or omitted to be done by any judge, justice, officer, or other person aforementioned contrary to the direction and true meaning hereof; then such Treble person so offending shall forfeit to the party grieved his damages in default. c. 10. 16 CAR. 1. treble damages, to be recovered by such means and in such Engl. stat. manner as is in this act limited and appointed for the like penalty to be sued for and recovered. 1640. Penalties upon great others for Second offence. If any lord-chancellor or keeper of the great seal of England, officers and lord-treasurer, keeper of the king's privy seal, president of the first offence. Council, or other temporal lord, privy-counsellor, judge or justice whatever shall offend or do anything contrary to the purport, true intent, and meaning of this law, then he or they shall for such offence forfeit the sum of £500 of lawful money of England unto any party grieved, his executors or administrators, who shall really prosecute for the same, and first obtain judgment thereupon to be tried in any court of record at Westminster by action of debt, bill, plaint, or information, wherein no essoin, protection, wager of law, aid, prayer, privilege, injunction, or order of restraint shall be any wise prayed, granted, or allowed, nor any more than one imparlance; and if any person or persons against whom any such judgment or recovery shall be had as aforesaid shall after such judgment obtained offend again in the same, then he or they shall for such offence forfeit the sum of £1000 of lawful money of England unto any party grieved, his executors or administrators, who shall really prosecute for the same, and first obtain judgment thereupon, to be recorded in any court of record at Westminster by action of debt, bill, plaint, or information, in which no essoin, protection, wager of law, aid, prayer, privilege, injunction, or order of restraint, shall be in any wise prayed, granted, or allowed, nor any more than one imparlance; and if any person against whom any such second judgment or recovery shall be had as aforesaid, shall after such judgment or recovery offend again in the same kind and shall be thereof duly convicted by indictment, information, or any other lawful way or means, that such person so convicted shall be from thenceforth disabled, and become by virtue of this act incapable ipso facto to bear his and their said office and offices respectively; and shall be likewise disabled to take any gift, grant, conveyance, or other disposition of any of his lands, tenements, hereditaments, goods, or chattels, or to take any benefit of any gift, conveyance, or legacy to his own use. Third offence. 30 CAR. II. stat. 2, c. 2. Engl. stat. 1677. 30 CAR. II. stat. 2, c. 2.] For the better securing the liberty of the subject, and for prevention of imprisonments beyond the seas. ENGL. [1677.] 30 Car. II. stat. 2, c. 2, sec. 1.] Whereas great delays have been used by sheriffs, gaolers, and other officers, to whose custody any of the king's subjects, have been committed for criminal or supposed criminal matters, in making returns of writs 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 yielding obedience to such writs, contrary to their duty and the known laws of the land, whereby many of the king's subjects have been, and hereafter may be long detained in prison, in such cases where by law they are bailable, to their great charges and vexation: habeas cor three days turned, and brought, if twenty 2. For the prevention whereof, and the more speedy relief of all persons imprisoned for any such criminal or supposed criminal matters, Be it enacted, That whensoever any person or Writs of persons shall bring any habeas corpus directed unto any sheriff or pus within sheriffs, gaoler, minister, or other person whatsoever, for any after service person in his or their custody, and the said writ shall be served to be reupon the said officer, or left at the gaol or prison with any of the the body under officers, under keepers, or deputy of the said officers or within keepers, that the said officer or officers, his or their under mites, &c. officers, under keepers, or deputies, shall, within three days after the service thereof as aforesaid (unless the commitment aforesaid were for treason or felony, plainly and specially expressed in the warrant of commitment), upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the judge or court that awarded the same, and indorsed upon the said writ, not exceeding tweve pence per mile, and upon security given by his own bond to pay the charges of carrying back the prisoner, if he shall be 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 return of such writ; and bring, or cause to be brought, the body of the party so committed or restrained, unto or before the lord chancellor, or lord keeper of the great seal of England for the time being, or the judges or barons of the said court from whence the said writ shall issue, or unto and before such other person or persons before whom the said writ is made returnable, according to the command thereof; and shall then likewise certify the true causes of his detainer or imprisonment, unless the commitment of the said party be in any place beyond the distance of twenty miles from the place or places where the court or person is or shall be residing; and if beyond the distance of twenty miles, and not above one hundred miles, then within the space of ten days, and if beyond the distance of one hundred miles, then within the space of twenty days, after such delivery aforesaid, and not longer. 3. And to the intent that no sheriff, gaoler, or other officer, may pretend ignorance of the import of any such writ, Be it enacted, That all such writs 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, Such writs marked. how to be |