Habeas Corpus in Europe

Definition of Habeas Corpus

A prerogative writ directed to a person who detains another in custody and commands him to produce or ” have the body ” of that person before the Court
(1) Habeas corpus ad subjiciendurn commands the person to whom it is directed to produce the body of the person detained with the day and cause of his caption and detention, ad faciendum, siibjiciendum et recipiendum, ” to do, submit to and receive,” whatever the Court shall direct. Its use is for testing the legality of an imprisonment.
The Habeas Corpus Act, 1679, made the granting of a habeas corpus compulsory in the case of a person imprisoned without a legal cause being assigned in the warrant of committal, and provided for the speedy trial of persons imprisoned for treason or felony. The Habeas Corpus Act, 1816, provided for the issue and return of a habeas corpus in vacation as well as in term, and for examining into the truth of the facts stated in any return to a habeas cor[)us. The Habeas Corpus Act, 1862, enacts that no habeas corpus shall issue out of England into any colony or foreign dominion of the Crown where there is a Court having authority to issue the writ; subject to this limitation, the writ of habeas corpus runs into all parts of the dominions of the Crown
(2) Obsolete forms of the writ: (a) Ad respondendum, to bring up a prisoner confined by the process of an inferior Court, to charge him with a fresh action in the Court above; (b) ad satis faciendum, used with a similar object when judgment had been given in the inferior Court against the prisoner ; (c) habeas corpus cum causa (or ad faciendum et recipiendum), to remove, from an inferior Court to the Court above, an action in which the defendant had been arrested; (d) ad prosequendum, testificandum, deliberandum, etc., to bring up a prisoner to bear testimony in any Court, or to be tried in the proper jurisdiction

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Definition of Habeas Corpus is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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