Habeas Corpus Suspension Act 1745

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Habeas Corpus Suspension Act 1745
Act of Parliament
Coat of Arms of Great Britain (1714-1801).svg
Long title An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government.
Citation 19 Geo. 2. c. 1
Territorial extent  Great Britain
Dates
Royal assent 17 October 1745 [a]
Expired19 April 1746 [b]
Repealed15 July 1867
Other legislation
Amended by
Repealed by Statute Law Revision Act 1867
Relates to
Status: Repealed
Text of statute as originally enacted
Habeas Corpus Suspension (No. 2) Act 1745
Act of Parliament
Coat of Arms of Great Britain (1714-1801).svg
Long title An Act for continuing an Act of this present Session of Parliament, intituled, "An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."
Citation 19 Geo. 2. c. 17
Territorial extent  Great Britain
Dates
Royal assent 19 April 1746
Commencement 19 April 1746 [b]
Repealed15 July 1867
Other legislation
Amends Habeas Corpus Suspension Act 1745
Repealed by Statute Law Revision Act 1867
Relates to
Status: Repealed
Text of statute as originally enacted
Habeas Corpus Suspension Act 1746
Act of Parliament
Coat of Arms of Great Britain (1714-1801).svg
Long title An Act for the further continuing an Act made in the last Session of Parliament, intituled, "An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."
Citation 20 Geo. 2. c. 1
Territorial extent  Great Britain
Dates
Royal assent 21 November 1746
Commencement 18 November 1746 [a]
Expired20 February 1747 [b]
Repealed15 July 1867
Other legislation
Amends Habeas Corpus Suspension Act 1745
Repealed by Statute Law Revision Act 1867
Relates to
Status: Repealed
Text of statute as originally enacted

The Habeas Corpus Suspension Act 1745 (19 Geo. 2. c. 1) was an act of the Parliament of Great Britain passed on 18 October 1745, [1] and formally repealed in 1867. It made various provisions for arresting and imprisoning those suspected of treason during the Second Jacobite Rising. The act was continued in force by the Habeas Corpus Suspension (No. 2) Act 1745 (19 Geo. 2. c. 17) and by the Habeas Corpus Suspension Act 1746 (20 Geo. 2. c. 1) before expiring.

Contents

The act provided that those suspected of high treason could be detained without bail until 19 April 1746; their horses could be seized and the owners charged for their keeping. Members of Parliament were exempt from the act unless the consent of their House was given. For the duration of the act, the Scottish act preventing wrongful imprisonment was suspended.

Subsequent developments

Formally obsolete, whole act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59). [2]

Notes

  1. 1 2 Start of session.
  2. 1 2 3 Section 1.

References

  1. Halliday, Paul Delaney. Habeas Corpus: From England to Empire, p.428 (n.136).
  2. A collection of the public general statutes passed in the ... year of the reign of Her Majesty Queen Victoria , p. 429 (1867).