Commentaries On the Liberty of the Subject And the Laws of England Relating to T
Commentaries On the Liberty of the Subject And the Laws of England Relating to T
James Patterson
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7 Wilson's Case, 7 Q. B. '. T84. 8 50 Geo. HI. C. LO. I. § 1. '•' 31 Cli. II. E. 2. § 3. '" Ibid. 216 OF THE SECURITY OF THE PERSON. [cu. Vii. taking the prisoner back. If the prisoner be confined at a place between twenty and 100 miles from the judge, the gaoler is allowed ten days, and if more than 100 miles ten to twenty days ; but such a delay seldom occurs.^ The gaoler is also to certify the true causes of the imprison- ment. If the officer refuse to make the return and bring the body, he ...forfeits 100/. For the first offence, and 200/. For the second. 2 Or instead of this forfeiture the officer may be dealt with for a contempt of court.^ And the court will not accept a return, which is equivocal and evasive. Thus where the person made a return, that, at the time of receiving the writ and since, " he had not the body, " this was deemed evasive, and an attachment was ordered to issue for contempt. The general form of return which is satisfactory is, that the party " has not the person in his possession, custody, or power, " these latter words implying that he has neither the custody nor can in any way influence it.
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