Habeas Corpus Acts

See Habeas COBl'US, 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 offence of which he is accused was committed. Bac. Abr. Habeas Corpus, A; 1 Chitty, Cr. L. 132. Thus, it has been gi’anted to remove a person in custody for contempt to take his trial for perjury in another county; 1 Tyrwh. 385. HABEAS CORPUS AD FACIENDUM ET RECIPIENDUM (I^at). A writ u.suaily 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 juii.sdiction over the matter, in order that the cause may be determined th^re. 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; 3 Bla. Com. 130; Tldd, Pr. 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 on a civil suit or on a criminal accusation; Tidd, Pr. 298; 1 Chitty, Cr. L. 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 Bla. Com. 130. HABEAS CORPUS AD RESPONDENDUM (Lat). A writ which is usually employed 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 Mod. 198; 3 Bla. Com. 129; Tidd. Pr. 300. This writ lies also to bring up a person in confinement to answer a criminal charge; thus, the court issued it to the warden of the fieet, to take the body of the prisoner confined there before a magistrate to be examined respecting a charge of felony or misdemeanor; 5 B. & Aid. 730. But it was refused to bring up the body of a prisoner under sentence for a felony, for the purpose of haying him tried for a previous felony. 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. 3 Bla. Com. 130; Tidd, Pr. 301. HABEAS CORPUS AD SUBJiCIENO UM. See Habeas Cobfust HABEAS CORPUS AD TESTIFICANDUM (Lat.). A writ which lies to bring up a prisoner detained in any Jail or prison, to give evidence before any court of competent Jurisdiction. Tidd, Pr. 739; 3 Bla. Com. 130; State V. Kennedy, 20 la. 372; Ex parte Marmaduke, 91 Mo. 250, 4 S. W. 91, 60 Am. Rep. 250. The allowance of this writ resting in the discretion of the court, it will be refused if the application appear to be in bad faith or a mere contrivance; 3 Burr. 14=10. It was refused to bring up a prisoner of war; 2 Dougl. 419; or a prisoner in custody for high treason; Peake, Add. Cas. ' 21. It would of course be refused where it appear from the application that the prisoner was under sentence for crime which rendered him incompetent as a witness. The application for the writ is made upon affidavit, stating the natui’e of the suit and the materiality of the testimony, together with the general circumstances of restraint which render the writ necessary; Cowp. 672; 2 Cow. & H. Notes to Phill. Ev. 658.