The name of this celebrated statute is derived from its referring to
the opening words of the writ: "Habeas Corpus ad subjiciendum."
Sir James Mackintosh declares that the essence of the statute is
contained in clauses 39, 40 of Magna Carta--which see. The right to
Habeas Corpus was conceded by the Petition of Right and also by the
Statute of 1640. But in order to better secure the liberty of the
subject and for prevention of imprisonments beyond the seas, the
Habeas Corpus Act of 1679 was enacted, regulating the issue and return
of writs of Habeas Corpus.
The principal provisions of the Act are: 1. Jailers (except in cases
of commitment for treason or felony) must within three days of the
reception of the writ produce the prisoner in court, unless the court
is at a distance, when the time may be extended to twenty days at the
most. 2. A jailer, refusing ot do this, forfeits 100 pounds for the
first offence, and 200 pounds for the second. 3. No one set at liberty
upon any Habeas Corpus to be recommitted for the same offsense except
by the court having jurisdiction of the case. 4. The Act not to apply
to cases of debt.
V. Abstract of the Parliament Act (or Veto Act, S631),
18th August, 1911.
The Preamble states that "it is intended to substitute for the House
of Lords, as it at present exists, a Second Chamber *constituted on a
popular instead of hereditary basis,* but such substitution cannot be
immediately brought into operation": therefore "it is expedient oto
make such provision as in this Act appears for restricting the
existing powers of the House of Lords" (i.e. the power of the Lords to
veto bills sent them by the Commons).
1. If a Money Bill--that is, a Public Bill concerning taxation or the
appropriation of money or the raising of a loan, etc.--shall be passed
byy the House of Commons, but shall not be passed by the House of
Lords, within one month, then it shall become law without the consent
of the Lords.
2. If any Public Bill (other than a Money Bill or a bill providing for
the extension of the maximum duration of Parliament beyond five years)
shall be passed by the House of Commons in three successive sessions
(whether of the same Parliament or not) and shall be rejected by the
House of Lords in each of those sessions, "that Bill shall on its
rejection for the third time by the House of Lords, unless the House
of Commons direct to the contrary, become an Act of Parliament,
without the consent of the Lords, provided that two years have elapsed
since the Bill was introduced and passed by the House of Commons."
7. Five years shall be substituted for seven years as the time fixed
for the maximum duration of Parliament under the Septennial Act of
1715[1] (S535).
See "The Public General Statutes," of Great Britain and Ireland, for
1911; Chapter 13, pp. 38-40.
[1] This date is usually given 1716.