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Habeas Corpus Act 1862

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Habeas Corpus Act 1862

1862 CHAPTER 20

An Act respecting the Issue of Writs of Habeas Corpus out of England into Her Majesty's Possessions Abroad.

[16th May 1862]

WHEREAS it is expedient that Writs of Habeas Corpus should not issue out of England into any Colony or Foreign Dominion of the Crown where Her Majesty has a lawfully established Court or Courts of Justice having Authority to grant and issue the said Writ, and to ensure the due Execution thereof throughout such Colony or Foreign Dominion: Be it therefore enacted by the Queen'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, as follows:

1Writ not to issue out of England into any Colony, &c. having a Court with Authority to grant such Writ.

No Writ of Habeas Corpus shall issue out of England, by Authority of any Judge or Court of Justice therein, into any Colony or Foreign Dominion of the Crown where Her Majesty has a lawfully established Court or Courts of Justice having Authority to grant and issue the said Writ, and to ensure the due Execution thereof throughout such Colony or Dominion.

2Not to affect Right of Appeal to Her Majesty in Council.

Provided, That nothing in this Act contained shall affect or interfere with any Right of Appeal to Her Majesty in Council now by Law existing.

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