Habeas Corpus Act (Ireland) 1781 (I)

[I.] Any person bringing H. C. directed to any sheriff, &c. for any person in their custody, sheriff, gaoler, &c. 3 days after service of said H. C. (except committed for treason) on security given, and tender of expences of removing and returning said prisoner if remanded, make return of said writ, and bring up the body, and certify cause of imprisonment. N.I.

Whenever any person or persons shall bring any habeas corpus directed to any sheriff or sheriffs, gaoler, minister, or other person whatsoever, for any person in his or their custody, and the said writ shall be served on the said officer or left at the gaol or prison with any of the under-officers, under-keepers, or deputy of the said officers or keepers, that the said officer or officers, his or their under officers, under keepers, or deputies, shall within three days after the service thereof as aforesaid, (unless the commitment aforesaid were for treason [F1 or any arrestable offence], 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 endorsed upon the said writ, not exceeding six 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 Judges, to which he shall be brought, according to the true intent and meaning of this 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 . . . F2 , or the judges or barons of the said court from whence the said writ shall issue, or unto or before such other person and 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 such 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 the delivery aforesaid, and not longer.

Textual Amendments

F1 Words substituted by Criminal Law Act (Northern Ireland) 1967 (c. 18), Sch. 1 para. 3

F2 Words repealed by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), Sch. Pt. I

Modifications etc. (not altering text)

C1 S. 1: the reference to six pence shall be read as referring to the equivalent amount in the new currency by virtue of Decimal Currency Act 1969 (c. 19 SIF 10), s. 10(1)