Habeas Corpus

Habeas corpus ad subjiciendum

Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or Court shall consider in that behalf. The writ is applied for either by motion to a Court or application to a judge, supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this writ ought of right to be granted to every man committed or detained in prison or otherwise restrained, though by command of the sovereign, the Privy Council, or any other power. Therefore there is an absolute necessity of express-ing upon every commitment the reason for which it is made, that ...

habeas corpus [Medieval Latin, literally, you should have the body (the opening words of the writ)] : any of several writs originating at common law that are issued to bring a party before the court ;esp : habeas corpus ad subjiciendum in this entry [the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it "U.S. Constitution art. I"] habeas corpus ad fa·ci·en·dum et re·ci·pi·en·dum [-ad-fa-sē-en-dəm-et-ri-si-pē-en-dəm, -fa-shē-en-; -Ä d-fÄ -kē-en-dm-et-rā-kē-pē-en-dm] [New Latin, literally, you should have the body for doing and receiving] : habeas corpus cum causa in this entry habeas corpus ad pro·se·quen·dum [-ad-prÄ -si-kwen-dəm, -Ä d-prō-sā-kwen-dm] [New Latin, literally, you should have the body for prosecuting] : a writ for removing a prisoner for trial i...

Habeas Corpus Act

Habeas Corpus Act (31 Car. 2, c. 2), providing remedy for violation of personal liberty by the writ of habeas corpus ad subjiciendum, which see below....

habeas corpus ad faciendum et recipiendum

habeas corpus ad faciendum et recipiendum see habeas corpus ...

habeas corpus ad prosequendum

habeas corpus ad prosequendum see habeas corpus ...

habeas corpus ad subjiciendum

habeas corpus ad subjiciendum see habeas corpus ...

habeas corpus ad testificandum

habeas corpus ad testificandum see habeas corpus ...

habeas corpus cum causa

habeas corpus cum causa see habeas corpus ...

writ of habeas corpus

writ of habeas corpus a document filed as a means of testing the legality of a restraint on a person's liberty, usually imprisonment. The writ commands the officials who have custody of a prisoner to bring the prisoner before the court, so that the court may determine whether the prisoner is being detained lawfully. Source: Federal Judicial Center ...

Habeas corpus testificandum

Habeas corpus testificandum (that you have the body to testify), a writ to bring a witness into Court, when he is in custody at the time of a trial. A Secretary of State or a judge of the High Court or of a county Court has power, on a proper application being made to him, to issue a warrant or order to bring up as a witness in any civil or criminal proceeding any prisoner in custody on a criminal charge; see (English) Criminal Procedure Act, 1853 (16 & 17 Vict. C. 30), s. 9; (English) County Courts Act, 1888, s. 112 (see, now, 1934 Act, s. 83); Graham v. Glover, (1855) 5 E. & B. 591; (English) Crown Office Rules, 1906, rr. 228-230; Prisons Act, 1898, s. 11....

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