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should be either conditionally stayed or pe- Part IV. remptorily stopped, on the ground that such CAP. II. Court has either no jurisdiction in the matter Sec. II. or has exceeded its jurisdiction. (Broom Com. 234; 3 Ste. Com. 702-3.)
The proceedings of inferior Courts of Re- Certiorari. cord are removable, by writ of certiorari, into the Court of Chancery, or some superior Court of Common Law, as the case may be.
If a cause has been improperly removed, Procedendo. the superior Court may issue a writ of procedendo, commanding the inferior Court to proceed; or the writ of certiorari may be quashed on motion. (3 Ste. Com. 721; Broom Com. 239-40.)
There are various kinds of habeas corpus Habeas for removing prisoners from one Court to another, for the more easy administration of justice. Such is the habeas corpus ad respondendum, for the removal of a prisoner from an inferior Court, in order to charge him with a new action in the Court above. Such also are those ad prosequendum, testificandum, deliberandum, &c., which issue when it is necessary to remove a prisoner, in order to prosecute or bear testimony in any other Court, or to be tried in the proper jurisdiction where the fact was committed. And such is the common writ ad faciendum et
Part IV. recipiendum, which issues out of any of the CAP. II. Courts of Westminster Hall, when a person SEC. II.
is sued in some inferior jurisdiction, and is desirous to remove the action into the superior Court, commanding the inferior Judge to produce the body of the defendant, together with the day and cause of his caption and detainer, (whence the writ is frequently denominated a habeas corpus cum causâ), to do and receive whatever the superior Court shall consider in that behalf. (Bl. Com., cited 3 Ste. Com. 711.)
But the most important species is the habeas corpus ad subjiciendum, which is the remedy used for the deliverance from illegal confinement. This is directed to any person who detains another in custody, and commands him to produce the body of the prisoner, with the day and cause of his caption and detention, ad faciendum, subjiciendum, et recipiendum, to do, to submit to, and receive, whatever the Judge or Court awarding the writ shall consider in that behalf.
This existed at common law; but the right to it has been formally declared, and the procedure regulated, by certain statutes, particularly the famous Habeas Corpus Act, 31 Car. II. c. 2, and the stat. 56 Geo. III. c. 100 — the former relating to illegal cons
finement for criminal or supposed criminal PART IV. matters; the latter to illegal confinement in Cap. II. other cases, except for debt or by process in Sec. II. any civil suit. This writ issues out of any of the superior Courts at Westminster, including the Court of Chancery; and it is granted on motion, yet not as of course, but on showing probable cause, inasmuch as, when once granted, the person to whom it is directed can return no satisfactory excuse for not bringing up the body of the prisoner. The return to it is made by producing the prisoner, and setting forth the grounds and proceedings upon which he is in custody. If this return presents sufficient matter to justify the detention, the prisoner is remanded to his former custody; if insufficient, he is discharged. (Bl. Com., cited 3 Ste. Com. 712-21; Broom Com. 247-50.)
By the statute 25 & 26 Vic. c. 20, it is enacted, that 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 Court of justice having authority to issue the writ, and to insure the due execution thereof throughout. such colony or dominion.
OF THE INTERPOSITION OF THE COURT OF
PART IV. In this chapter an attempt* is made to give
ruptcy as are the most necessary or useful to
I. The Court generally; the written law by which it is governed ; and its officers.
II. Persons liable to be bankrupts.
IV. The adjudication, and the proceedings before and after it, generally.
V. A judgment debtor summons.
VI. The appointment of assignees, their rights and duties.
VII. The property which vests in the assignees.
* In this the writer derived assistance from the work of Mr. Hazlitt and Mr. Roche, and that of Mr. Nicol, on the Bankruptcy Acts.
VIII. The bankrupt's duties, liabilities, Part IV.
Tit. II. and protection.
CAP. III. IX. The examination of the bankrupt and other persons.
X. The proof of debts, and payments in full.
XI. The dividend.
XIII. Transactions affected or not affected by the bankruptcy.
XIV. Suspending bankruptcy proceedings, and winding up the estate as the creditors
may think fit.
XV. The change from bankruptcy to a deed of arrangement, subject to the approval and control of the Court.
XVI. Winding up a debtor's estate under a deed of composition, subject to the jurisdiction of the Court, where no bankruptcy proceedings have been taken.
XVII. Offences against the Bankrupt Law.