William Feilden Craies, 1911 Encyclopædia Britannica, Volume 12… (1911)
“ There are various forms of the writ, of which the most famous is that known as habeas corpus ad subjiciendum, the well-established remedy for violation of personal liberty. From the earliest records of the English law no free man could be detained in custody except on a criminal charge or conviction or for a civil debt. ”
William Feilden Craies, 1911 Encyclopædia Britannica, Volume 12… (1911)
“ In Australasia and Canada and in most if not all the British possessions whose law is based on the common law, the power to issue and enforce the writ is possessed and is freely exercised by colonial courts, under the charters or statutes creating and regulating the courts. The writ is freely resorted to in Canada, and in 1905, 1906, two appeals came to the privy council from the dominion, one with reference to an extradition case, the other with respect to the right to expel aliens. ”
William Feilden Craies, 1911 Encyclopædia Britannica, Volume 12… (1911)
“ The experience of the 18th century disclosed defects in the procedure for obtaining liberty in cases not covered by the act of 1679. But it was not till 1816 that further legislation was passed for more effectually securing the liberty of the subject. The act of 1816 (56 Geo. III. c. 100) , does not touch cases covered by the act of 1679. It enacts (1) that a writ of habeas corpus shall be issued in vacation time in favour of a person restrained of his liberty otherwise than for some criminal or supposed criminal matter (except persons imprisoned for debt or by civil process) ”
