Habeas Corpus Act 1679

[I.] Sheriff, &c. within Three Days after Service of Habeas Corpus, with the Exception of Treason and Felony, as and under the Regulations herein mentioned, to bring up the Body before the Court to which the Writ is returnable; and certify the true Causes of Imprisonment. Exceptions in respect of Distance. E+W

For the prevention whereof and the more speedy Releife of all persons imprisoned for any such criminall or supposed criminall Matters whensoever any person or persons shall bring any Habeas Corpus directed unto any Sheriffe or Sheriffes Goaler Minister or other Person whatsoever for any person in his or their Custody and the said Writt shall be served upon the said Officer or left at the Goale or Prison with any of the Under Officers Underkeepers or Deputy of the said Officers or Keepers that the said Officer or Officers his or their Under Officers Under-Keepers or Deputyes shall within Three dayes after the Service thereof as aforesaid (unlesse the Committment aforesaid were for Treason . . . F1 plainely and specially expressed in the Warrant of Committment) [X1 upon Payment or Tender of the Charges of bringing the said Prissoner to be ascertained by the Judge or Court that awarded the same and endorsed upon the said Writt not exceeding Twelve penceper Mile] and upon Security given by his owne Bond to pay the Charges of carrying backe the Prisoner if he shall bee remanded by the Court or Judge to which he shall be brought according to the true intent of this present Act and that he will not make any escape by the way make Returne of such Writt [X2 or] bring or cause to be brought the Body of the Partie soe committed or restrained unto or before F2 ... the Judges or Barons of the said Court from whence the said Writt shall issue or unto and before such other person [X3 and] persons before whome the said Writt is made returnable according to the Command thereof, and shall [X4 likewise then] certifie the true causes of his Detainer or Imprisonment unlesse the Committment of the said Partie be in any place beyond the distance of Twenty miles from the place or places where such Court or Person is or shall be resideing and if beyond the distance of Twenty miles and not above One hundred miles then within the space of Ten dayes and if beyond the distance of One hundred miles then within the space of Twenty dayes after such (X5 ) delivery aforesaid and not longer.

Editorial Information

X1 annexed to the Original Act in a separate Schedule.

X2 Variant reading of the text noted in The Statutes of the Realm as follows: and O. [O. refers to a collection in the library of Trinity College, Cambridge]

X3 Variant reading of the text noted in The Statutes of the Realm as follows: or O. [O. refers to a collection in the library of Trinity College, Cambridge]

X4 Variant reading of the text noted in The Statutes of the Realm as follows: then likewise O. [O. refers to a collection in the library of Trinity College, Cambridge]

X5 Variant reading of the text noted in The Statutes of the Realm as follows: the O. [O. refers to a collection in the library of Trinity College, Cambridge]

Textual Amendments

F1 Words repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

F2 Words in s. 1 repealed (3.4.2006) by virtue of Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 3, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(b)

Modifications etc. (not altering text)

C1 Reference to twelvepence to be read as reference to 5p: Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)