Habeas Corpus Act

The statute of 31 Chas. II. c. 2. 3 Bl. Comm. 135; 3 Steph. Comm. 699. This statute has been adopted in substance in the United States. 2 Kent, Comm. 27. HABEAS CORPUS AD DELIBERANdum et recipiendum (Lat.) A writ which Is issued to remove, for trial, a person confined in one county to the county or place where the offense of which he is accused was committed. Brae. Abr. "Habeas Corpus" to remove a person in custody for contempt to take his trial for perjury in another county. 1 Tymh. 185. HABEAS CORPUS AD FACIENDUM ET recipiendum (Lat.) A writ usually issued in civil cases to remove an action from an inferior court, where the defendant is sued and imprisoned, to some superior court which has jurisdiction over the matter, in order that the cause may be determined there. This writ is commonly called habeas corpus cum causa, because it commands the judges of the inferior court to return the day and cause of the caption and detainer of the prisoner. Bac. Abr. "Habeas Corpus" (A); Bagl. Cham. Prac. 297; 3 Bl. Comm. 130; Tidd, Prac. 296, This writ may also be issued at the instance of the bail of the defendant, to bring him up to be surrendered in their discharge, whether he is in custody in a civil suit or on a criminal accusation. Tidd, Prac. 298; 1 Chit. Crim. Law, 132. HABEAS CORPUS AD PROSEQUENdum (Lat.) A writ which Issues when It Is necessary to remove a prisoner in order to prosecute in the proper jurisdiction wherein the fact was committed. 3 Bl. Comm. 130. HABEAS CORPUS AD RESPONDENdum (Lat.) A writ which is usually em' ployed in civil cases to remove a person out of the custody of one court into that of another, in order that he may be sued and answer the action in the latter. 2 Sellon, Prac. 259; 2 Mod. 198; 3 Bl. Comm. 129; Tidd, Prac. 300. This writ lies also to bring up a person in confinement to answer a criminal charga Thus, the court issued it to the warden of the fleet, to take the body of the prisoner confined there before a magistrate, to be examined respecting a charge of felony or misdemeanor. 5 Barn. & Aid. 730. But it was refused to bring up the body of a prisoner under sentence for a felony, for the purpose of having him tried for a previous felony. HABEAS CORPUS AD SATISFACIENdum (Lat.) A writ which is Issued to bring a prisoner from the prison of one court into that of another, in order to charge him in execution upon a judgment of the last court 2 Sellon, Prac. 261; 3 Bl. Comm. 130; Tidd, Prac. 301.

The English statute of 31 Car. II. c. 2, is the original and prominent habeas corpus act. It was amended and supplemented by St. 56 Geo. III. c. 100. And similar statutes have been enacted in all the United States. This act is justly regarded as the great constitutional guaranty of personal liberty

Defined under Habeas Corpus in Black's Law Dictionary.

The English statute of 31 Car. IL. c. 2, is the original and prominent habeas corpie act. It was amended and supplemented by St. 56 act is justly regarded as the greaf constitu. tional guaranty of personal liberty. HABEAS CORPUS AD DELIBE-

The 31. Car. II. c. 2, providing the remedy by habeas corpus for a violation of personal liberty. Habemus optimum testem confltente'm reum, I. We have the best witness, a confessing defendant.