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Updated: June 16, 2025
It imported, that the several provisions made in the aforesaid act, passed in the reign of Charles II. for the awarding of writs of habeas-corpus, in cases of commitment or detainer for any criminal or supposed criminal matter, should, in like manner, extend to all cases where any person, not being committed or detained for any criminal or supposed criminal matter, should-be confined, or restrained of his or her liberty, under any colour or pretence whatsoever; that, upon oath made by such person so confined or arrested, or by any other on his or her behalf, of any actual confinement or restraint, and that such confinement or restraint, to the best of the knowledge and belief of the person so applying, was not by virtue of any commitment or detainer for any criminal or supposed criminal matter, an habeas-corpus, directed to the person or persons so confining or restraining the party, as aforesaid, should be awarded and granted, in the same manner as is directed, and under the same penalties as are provided by the said act, in the case of persons committed and detained for any criminal or supposed criminal matter; that the person or persons before whom the party so confined or restrained should be brought, by virtue of any habeas-corpus granted in the vacation time, under the authority of this act, might and should, within three days after the return made, proceed to examine into the facts contained in such return, and into the cause of such confinement and restraint; and thereupon either discharge, or bail, or remand the parties so brought, as the case should require, and as to justice should appertain.
Descended though he was of an amiable race, it is highly probable that this infant would have displayed the presence of white blood in his veins had his detainer been any other than Sally; but she possessed a power to charm the wildest spirit on the island. So the child consented to "be good," and go along with her overland.
"Sir, if you please. You are, I think, Mr. Chester, notary public and attorney at law?" "That is my name and trade, sir." Evidently Mr. Geoffry Chester was also an American, a Southerner. "Pardon," said his detainer, "I have only my business card." He tendered it: "Marcel Castanado, Masques et Costumes, No. 312, rue Royale, entre Bienville et Conti."
'The only other, Mr Nickleby, said old Arthur, eagerly. 'The only other. Nobody else went to the expense of lodging a detainer, trusting to our holding him fast enough, I warrant you. We both fell into the same snare; oh dear, what a pitfall it was; it almost ruined me!
Likewise an attorney, notary-public, or any other person, who shall presume to draw up, negotiate, of even to witness a bill of sale, or other instrument for such commitment, &c. offends equally against the law, because "All, or any person or persons, that shall frame, contrive, write, seal, or countersign any warrant or writing for such commitment, detainer, imprisonment, or transportation; or shall be advising, aiding, or assisting in the same, or any of them," are liable to all the penalties of the act.
Montenero very early, before he could have gone out for the day, was disconcerted. When at last my father had fairly finished, when he had taken his hat and his cane, and departing left me, as I thought, happily at liberty to go in search of my Jewess, another detainer came.
Ere the day was out, Messrs. Waddilove and Tobbins had conferred with their neighbour in St. James's, Mr. Brace; and there came a detainer from that haberdasher for gloves, cravats, and pocket-handkerchiefs, that might have done credit to the most dandified young Guardsman. Mr. Warrington was on Mr. Pendennis's side, and urged that the law should take its course.
Whether the refusal to serve on the Committee in question can be construed into a contempt of the authority of the house? Whether, assuming the commitment or detainer to have been unlawful, Mr. Smith O'Brien has any and what legal remedy, and against whom?
It will be noticed, with reference to what follows, that Popham does not speak of common carriers, but of carriers. In this and the earlier instances of loss by theft, the action was detinue, counting, we may presume, simply on a delivery and wrongful detainer. But about this time important changes took place in the procedure usually adopted, which must be explained.
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