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HABEAS CORPUS ACT 1816

HABEAS CORPUS ACT 1816 - LONG TITLE

An Act for more effectually securing the Liberty of the Subject.
[1st July 1816]
Preamble, which recites 1679 c.2 and 1781 c.11(I), rep. by SLR 1890
(No. 2)[

HABEAS CORPUS ACT 1816 - SECT 1
Judges to issue, in vacation, writs of habeas corpus returnable
immediately, in cases other than for criminal matter, or for debt,
or on civil process.

1.] 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)... 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
affirmation (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 the 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.

HABEAS CORPUS ACT 1816 - SECT 2
Non-obedience to such writ to be a contempt of court, and
punishable accordingly.

2. 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 persons 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... prison of the court of which such justice or baron shall be
a judge, there to remain until he, she, 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,... which last-mentioned court shall have like power to
award such writs as the respective courts of King's Bench and
Common Pleas... 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,...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.

HABEAS CORPUS ACT 1816 - SECT 3
Judges to inquire into the truth of facts contained in return.

3. 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 where by law
affirmation is allowed), and to order and determine touching the
discharging, bailing, or remanding the party.

HABEAS CORPUS ACT 1816 - SECT 4
Court may controvert the truth of the return.

4. 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.

HABEAS CORPUS ACT 1816 - SECT 5
Writ may run into any port, harbour, road, creek or bay.

5. . . . 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 anywise notwithstanding.

HABEAS CORPUS ACT 1816 - SECT 6
Provisions of this Act to extend to all writs of habeas corpus in
cases within Irish Act. <1781 c.11. (I)

6. 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 [prison] 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 Habeas Corpus Act (Ireland), 1781,
and herein-before recited, in as ample and beneficial a manner as
if such writs and the said cases arising thereon had been
herein-before specially named and provided for respectively.






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URL: http://www.bailii.org/nie/legis/num_act/hca1816137.txt