effectually securing the liberty of the subject," extends to Jersey, Guernsey, and Man, and was transmitted from the Council Office in 1832, to the authorities of both Islands, with an order for it to be registered, (not that the registration was essential to the Act,) but which Order was disobeyed. The following is a copy of the Order sent to Jersey :

"At the Court of St. James's, the 4th of July, 1832.Present the King's Most Excellent Majesty in Council. It is this day ordered by his Majesty, by and with the advice of his Privy Council, that a printed copy of an Act, passed in the 56th year of his Majesty George the Third, be transmitted to the Royal Court of the Island of Jersey; viz-An Act for more effectually securing the liberty of the subject; and it is hereby further ordered, that the said Act be registered and published, NOT AS BEING ESSENTIAL TO THE SAID ACT, but that his Majesty's subjects in the said Island may have notice of the said Act having passed, and that THEY ARE BOUND THEREBY. And the Lieutenant-Governor, Commander in Chief, and also the Bailiff and Jurats of the Island of Jersey, for the time being, are to give the necessary directions herein as to them may respectively appertain. C. GREVILLE."

Here follows the Act:

Whereas the Writ of Habeas Corpus hath been found by Experience to be an expeditious and effectual Method of restoring any Person to his Liberty, who hath been unjustly deprived thereof: And whereas extending the Remedy of such Writ, and enforcing Obedience thereunto, and preventing Delays in the Execution thereof, will be advantageous to the Public; And whereas the Provisions made by an Act passed in England in the Thirty-first Year of King Charles the Second, intituled An Act for the better securing the Liberty of the Subject, and for Prevention of Imprisonment beyond the Seas, and also by an Act passed in Ireland in the Twenty-first and Twenty-second Years of His present Majesty, intituled An Act for better securing the Liberty of the Subject, only extend to Cases of Commitment or Detainer for criminal or supposed criminal Matter; be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That where any Person shall be confined or restrained of his or her Liberty (otherwise than for some criminal or supposed criminal Matter, and except Persons imprisoned for Debt or by Process in any civil Suit) within that Part of Great Britain called England, Dominion of Wales, or Town of Berwick-upon

Tweed, or the Isles of Jersey, Guernsey, or Man, it shall and may be lawful for any One of the Barons of the Exchequer, of the Degree of the Coif, as well as for any One of the Justices of One Bench or the other; and where any Person shall be so confined in Ireland, it shall and may be lawful for any One of the Barons of the Exchequer, or of the Justices of One Bench or the other in Ireland; and they are hereby required, upon Complaint made to them by or on the Behalf of the Person so confined or restrained, if it shall appear by Affidavit or Affirmamation (in Cases where by Law an Affirmation is allowed) that there is a probable and reasonable Ground for such Complaint, to award in Vacation Time, a Writ of Habeas Corpus ad subjiciendum, under the Seal of such Court, whereof he or they shall then be Judges or One of the Judges, to be directed to Person or Persons in whose Custody or Power the Party so confined or restrained shall be, returnable immediately before the Person so awarding the same, or before any other Judge of the Court under the Seal of which the said Writ issued.

II. And be it further enacted by the Authority aforesaid, That if the Person or Persons to whom any Writ of Habeas Corpus shall be directed according to the Provision of this Act, upon Service of such Writ, either by the actual Delivery thereof to him, her, or them, or by leaving the same at the Place where the Party shall be confined or restrained, with any Servant or Agent of the Person or Persons so confining or restraining, shall wilfully neglect or refuse to make a Return or pay Obedience thereto, he, she, or they shall be deemed guilty of a Contempt of the Court, under the Seal whereof such Writ shall have issued; and it shall be lawful to and for the said Justice or Baron, before whom such Writ shall be returnable, upon Proof made by Affidavit of wilful Disobedience of the said Writ, to issue a Warrant under his Hand and Seal, for the apprehending and bringing before him, or before some other Justice or Baron of the same Court, the Person or Persous so wilfully disobeying the said Writ, in order to his, her, or their being bound to the King's Majesty, with Two sufficient Sureties, in such Sum as in the Warrant shall be expressed, with Condition to appear in the Court of which the said Justice or Baron is a Judge, at a Day in the ensuing Term to be mentioned in the said Warrant, to answer the Matter of Contempt with which he, she, or they are charged; and in case of Neglect or Refusal to become bound as aforesaid, it shall be lawful for such Justice or Baron to commit such Person or Persons so neglecting or refusing, to the Jail or Prison of the Court of which such Justice or Baron shall be a Judge, there

to remain until she, he, or they shall have become bound as aforesaid, or shall be discharged by Order of the Court in Term Time, or by Order of one of the Justices or Barons of the Court in Vacation; and the Recognizance or Recognizances to be taken thereupon shall be returned and filed in the same Court, and shall continue in force until the Matter of such Contempt shall have been heard and determined, unless sooner ordered by the Court to be discharged: Provided, that if such Writ shall be awarded so late in the Vacation by any one of the said Justices or Barons, that, in his Opinion, Obedience thereto cannot be conveniently paid during such Vacation, the same shall and may, at his Discretion, be made returnable in the Court of which the said Justice or Baron shall be a Justice or Baron, at a Day certain in the next Term; and the said Court shall and may proceed thereupon, and award Process of Contempt in case of Disobedience thereto, in like Manner as upon Disobedience to any Writ originally awarded by the said Court: Provided also, that if such Writ shall be awarded by the Court of King's Bench, or the Court of Common Pleas, or Court of Exchequer, in the said Countries respectively, which last-mentioned Court shall have like Power to award such Writs as the respective Courts of King's Bench and Common Pleas in each of the said Countries now have, in Term, but so late that, in the Judgment of the Court, Obedience thereto cannot be conveniently paid during such Term, the same shall and may, at the Discretion of the said Court, be made returnable at a Day certain in the then next Vacation, before any Justice or Baron of the Degree of the Coif, or if in Ireland, before any Justice or Baron of the same Court, who shall and may proceed thereupon, in such Manner as by this Act is directed concerning Writs issuing in and made returnable during the Vacation.

III. And be it further enacted by the Authority aforesaid, That in all Cases provided for by this Act, although the Return to any Writ of Habeas Corpus shall be good and sufficient in Law, it shall be lawful for the Justice or Baron before whom such Writ may be returnable, to proceed to examine into the Truth of the Facts set forth in such Return, by Affidavit or by Affirmation (in Cases where an Affirmation is allowed by Law) and to do therein as to Justice shall appertain; and if such Writ shall be returned before any One of the said Justices or Barons, and it shall appear doubtful to him on such Examination, whether the material Facts set forth in the said Return, or any of them, be true or not; in such Case it shall and may be lawful for the said Justice or Baron to let to bail the said

Person so confined or restrained, upon his or her entering into a Recognizance with One or more Sureties, or in case of Infancy or Coverture, or other Disability, upon Security by Recognizance, in a reasonable Sum, to appear in the Court of which the said Justice or Baron shall be a Justice or Baron, upon a Day certain in the Term following, and so from Day to Day as the Court shall require, and to abide such Order as the Court shall make in and concerning the Premises; and such Justice or Baron shall transmit into the same Court the said Writ and Return, together with such Recognizance, Affidavits, and Affirmations; and thereupon it shall be lawful for the said Court to proceed to examine into the Truth of the Facts set forth in the Return, in a summary Way by Affidavit or Affirmation (in Cases were by Law, Affirmation is allowed), and to order and determine touching the discharg. ing, bailing, or remanding the Party.

IV. And be it further enacted by the Authority aforesaid, That the like Proceeding may be had in the Court for controverting the Truth of the Return to any such Writ of Habeas Corpus, awarded as aforesaid, although such Writ shall be awarded by the said Court itself, or be returnable therein.

V. And be it declared and enacted by the Authority aforesaid, That a Writ of Habeas Corpus, according to the true Intent and Meaning of this Act, MAY BE DIRECTED AND RUN INTO any County Palatine or Cinque Port, or any other privileged Place within that Part of Great Britain called England, Dominion of Wales, and Town of Berwick-upon-Tweed, and the Isles of JERSEY, GUERNSEY, and MAN, respectively; and also into any Port, Harbour, Road, Creek, or Bay, upon the Coast of England or Wales, although the same should lie out of the Body of any County; and if such Writ shall issue in Ireland, the same may be directed and run into any Port, Harbour, Road, Creek or Bay, although the same should not be in the Body of any County; any Law or Usage to the contrary in any wise notwithstanding.

VI. And be it further enacted by the Authority aforesaid, That the several Provisions made in this Act, touching the making Writs of Habeas Corpus, issuing in Time of Vacation, returnable into the said Courts, or for making such Writs awarded in Term Time, returnable in Vacation, as the Cases may respectively happen, and also for making wilful Disobedience thereto a Contempt of the Court, and for issuing Warrants to apprehend and bring before the said Justices or Barons, or any of them, any Person or Persons wilfully disobeying any such Writ; and in case of Neglect or Refusal to

become bound as aforesaid, for committing the Person or Persons so neglecting or refusing to jail as aforesaid, respecting the Recognizances to be taken as aforesaid,and the Proceeding or Proceedings thereon, shall extend to all Writs of Habeas Corpus awarded in pursuance of the said Act, passed in England in the Thirty-first Year of the Reign of King Charles the Second, or of the said Act passed in Ireland in the Twentyfirst and Twenty-second Years of His present Majesty, and herein-before recited, in as ample and beneficial a Manner as if such Writs and the said Cases arising thereon had been hereinbefore specially named and provided for respectively.

Habeas Corpus, writ of, a prerogative process issuing out of the superior Courts of Westminster, both in vacation and term time. There are various kinds made use of by the English Courts for removing prisoners from one court into another, and for the more easy administration of Justice but the great and efficacious writ, in all manner of illegal confinement, is that of habeas corpus ad subjiciendum, directed to the person detaining another, and commanding him to produce the body of the prisoner, with the day and cause of his caption and detention, ad faciendum, subjiciendum, et recipiendum, to do, submit to, and receive whatsoever the judge or court awarding such writ shall consider in that behalf. This a high prerogative writ, and therefore by the common law issuing out of the court of Queen's bench not only in term-time, but also during the vacation, by a fiat from the chief justice or any other of the judges, AND RUNNING INTO ALL PARTS OF THE QUEEN'S DOMINIONS: for the Queen is at alt times entitled to have an account, why the liberty of any of her subjects is restrained, wherever that restraint may be inflicted. If it issues in vacation, it is usually returnable before the judge himself who awarded it, and he proceeds by himself thereon; unless the term should intervene, and then it may be returned in court.

Habeas Corpus, writ of, mode of applying for.-It is usually done in the Queen's Bench and Common Pleas, by motion to the court, as in the case of all other prerogative writs (certiorari, prohibition, mandamus, &c.) which do not issue as of mere course, without shewing some probable cause why the extraordinary power of the crown is called in to the party's assistance. For, as was argued by Lord Chief Justice Vaughan, "it is granted on motion, because it cannot be had of course; and there is therefore no necessity to grant it; for the court ought to be satisfied that the party hath a probable cause to be delivered." And this seems