26-594: Habeas Corpus Act may refer to several Acts of Parliament and Acts of Congress relating to Habeas Corpus : Habeas Corpus Act 1640 (16 Cha I. c. 10) of the Parliament of England Habeas Corpus Act 1679 (31 Cha. 2 c. 2) of the Parliament of England Habeas Corpus Act 1816 (1816 c.100 56 Geo 3) of the Parliament of the United Kingdom Habeas Corpus Act 1862 (20 & 26 Vict. c.20) of
52-677: A digest of the statutes, which was declared "very expedient to be done." However, this was never done. At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law. The Board issued three reports, recommending
78-663: The Attorney General , Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time. The Statute Law Revision Bill had its first reading in the House of Lords on 9 March 1888, introduced by the Lord Chancellor , Hardinge Giffard, 1st Baron Halsbury . The Bill had its second reading in
104-483: The House of Lords on 15 March 1888 and was committed to a Committee of the Whole House , which met and reported on 19 March 1888, without amendments. The Bill had its third reading in the House of Lords on 20 March 1888 and passed, without amendments. The Bill had its first reading in the House of Commons on 21 March 1888. The Bill had its second reading in the House of Commons on 22 March 1888 and
130-770: The Justices of the Peace Act 1968 . Section 6 remains good law in South Australia, Queensland, New South Wales and Victoria. In this section, the words "and be it enacted" were repealed in England by section 1 of, and Part I of the Schedule to, the Statute Law Revision Act 1888 . This section, from "lastly" to "enacted that" was repealed in England by section 1 of, and Part I of the Schedule to,
156-535: The Statute Law Revision Act 1888 . Statute Law Revision Act 1888 The Statute Law Revision Act 1888 ( 51 & 52 Vict. c. 3) was an act of the Parliament of the United Kingdom that repealed various United Kingdom statutes which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the new edition of the revised edition of
182-498: The Parliament of the United Kingdom Habeas Corpus Act 1867 (sess. ii, chap. 28, Stat. 385) of the United States Congress See also [ edit ] Habeas Corpus Suspension Act (disambiguation) Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Habeas Corpus Act . If an internal link led you here, you may wish to change
208-407: The Schedule to, the Statute Law Revision Act 1888 . This section, from "be it" to "enacted" was repealed in England by section 1 of, and Part I of the Schedule to, the Statute Law Revision Act 1888 . "Every person committed contrary to this Act shall have an habeas corpus for the ordinary fees.-And ... if any person shall hereafter be committed restrained of his libertie or suffer imprisonment [by
234-525: The Schedule to, the Statute Law Revision Act 1908 ( 8 Edw. 7 . c. 49). No order was made under the act which would have repealed the schedule part III statutes; instead they were all repealed in the UK by sections 12 and 20(3) and (5) of, and schedule 4 to, the Administration of Justice (Miscellaneous Provisions) Act 1938 , which abolished all outlawry proceedings. The rest of the act was repealed in
260-572: The UK by the Statute Law (Repeals) Act 1989 , but retained in the Republic of Ireland by the Statute Law Revision Act 2007 . Section 1 of the act 620 repealed acts, listed in the schedule to the act, across six categories: Section 1 of the act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters. Specifically, any legal rights, privileges, or remedies already obtained under
286-460: The act went further than previous Statute Law Revision Acts , in so far as it omitted unnecessary words. The power given to the Lord Chancellor to repeal the acts listed in Part III of the act was not exercised. These acts were repealed by the Administration of Justice (Miscellaneous Provisions) Act 1938 ( 1 & 2 Geo. 6 . c. 63). The schedule to the act was repealed by section 1 of, and
SECTION 10
#1732765541858312-431: The cause of such commitment appearing upon the said return be just and legall or not and shall thereupon do what to justice shall appertainc either by delivering bailing or remanding the prisoner and if any thing shall be otherwise wilfully done or omitted to be done by any judge justice oflicer or other person aforementioned contrary to the direction and true meaning hel'cof that then such person so offending shall forfeit to
338-583: The creation of a permanent body for statute law reform. In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law . The Commission made four reports. Recommendations made by the Commission were implemented by the Repeal of Obsolete Statutes Act 1856 ( 19 & 20 Vict. c. 64). On 17 February 1860,
364-554: The existing statute book . In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make
390-499: The judges of the Court of Kings Bench or Common Pleas in open court shall without delay upon any pretence whatsoever for the ordinary fees usually paid for the same have forthwith granted unto him a writ of habeas corpus to be directed generally unto all and every sheriffs gaoler minister officer or other person in whose custody the party committed or restrained shall be [and the sheriffs gaoler minister officer or other pson in whose custody
416-431: The link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Habeas_Corpus_Act&oldid=1182295648 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Habeas Corpus Act 1640 The Habeas Corpus Act 1640 ( 16 Cha. 1 . c. 10)
442-694: The order or decree of any such Court of Star Chamber or other court aforesaid now or at any time hereafter having or pretending to have the same or like jurisdiction power or authoritie to commit or imprison as aforesaid or by the command or warrant of the Kings Majestie his heires or successors jn theire owne person or by the command or warrant of the councell board or of any of the lords or others of his Majesties privy councelll] that in every such case every person so committed restrained of his libertie or suffering imprisonment upon demand or motion made by his councell or other imployed by him for that purpose unto
468-434: The party grieved his trebble damages to be recovered by such meancs and in such manner as is formerly in this Act limited and appointed for the like penaltie to be sued for and recovered." This section, from "be it" to "enacted that" was repealed in England by section 1 of, and Part I of the Schedule to, the Statute Law Revision Act 1888 . This section was repealed in England by section 8(2) of, and Part II of Schedule 5 to,
494-515: The prisoner to be alwaies ordered by the court if any difference shall arise thereabout 1] bring or cause to be brought the body of the said party so committed or restrained unto and before the judges or justices of the said court from whence the same writ shall issue in open court and shall then likewise certifie the true cause of such his detainor or imprisonment and thereupon the court within three court dayes after such return made and delivered in open court shall proceed to examine and determine whether
520-477: The pty so committed or restrained shall be 2] shall at the return of the said writ & according to the command thereof upon due and convenient notice thereof given unto him [at the charge of the party who requireth or procureth such writ and upon securitie by his owne bond given to pay the charge of carrying back the prisoner if he shall be remanded by the court to which he shall be brought as in like cases bath beene used such charges of bringing up and carrying backe
546-554: The repealed laws, as well as any legal proceedings or principles established by them, remain unaffected. Section 1 of the act also ensured that repealed enactments that have been incorporated into other laws would continue to have legal effect in those contexts. Moreover, the repeal would not revive any former rights, offices, or jurisdictions that had already been abolished. Preamble, from "And whereas divers persons" to "reverse their outlaries." Section one, from "from and after" to "and three"; and from "or turn or return process" to end of
SECTION 20
#1732765541858572-545: The statutes , then in progress. The act went further than previous Statute Law Revision Acts , in so far as it omitted unnecessary words. In the United Kingdom , acts of Parliament remain in force until expressly repealed. Blackstone 's Commentaries on the Laws of England , published in the late 18th-century , raised questions about the system and structure of the common law and the poor drafting and disorder of
598-625: The writ "certify the true cause" of imprisonment, and clarified that the Court of Common Pleas also had jurisdiction to issue the writ in such cases (prior to which it was argued that only the King's Bench could issue the writ). The writ was amended by the Habeas Corpus Act 1679 . The words of commencement were repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1948 . The whole Act, so far as not otherwise repealed,
624-620: Was an Act of the Parliament of England . The Act was passed by the Long Parliament shortly after the impeachment and execution of Thomas Wentworth, 1st Earl of Strafford in 1641 and before the English Civil War . It abolished the Star Chamber . It also declared that anyone imprisoned by order of the king, privy council , or any councillor could apply for a writ of habeas corpus , required that all returns to
650-443: Was committed to a Committee of the Whole House , which met and reported on 23 March 1888, without amendments. The Bill had its third reading in the House of Commons on 23 March 1888 and passed, without amendments. The Bill was granted royal assent on 27 March 1888. The act was intended, in particular, to facilitate the preparation of the new edition of the revised edition of the statutes . Courtenay Ilbert remarked that
676-461: Was repealed in England by section 8(2) of, and Part I of Schedule 5 to, the Justices of the Peace Act 1968 . In the preamble, the words from "and by another Statute made in the six and thirtieth" to "inrolled in Latine " were repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1948 . This section, from "be it" to "enacted" was repealed in England by section 1 of, and Part I of
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