Habeas Corpus Suspension Act 1745
| Act of Parliament | |
.svg.png) | |
| 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] |
| Expired | 19 April 1746[b] |
| Repealed | 15 July 1867 |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| Repealed by | Statute Law Revision Act 1867 |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Status: Repealed | |
| Text of statute as originally enacted | |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 | |
| |
| 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] |
| Repealed | 15 July 1867 |
| Other legislation | |
| Amends | |
| Repealed by | Statute Law Revision Act 1867 |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Status: Repealed | |
| Text of statute as originally enacted | |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 | |
| |
| 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] |
| Expired | 20 February 1747[b] |
| Repealed | 15 July 1867 |
| Other legislation | |
| Amends | |
| Repealed by | Statute Law Revision Act 1867 |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Status: Repealed | |
| Text of statute as originally enacted | |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 c. 1) was an act of the Parliament of Great Britain passed on 18 October 1745,[1] and formally repealed in 1867.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.
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
References
- ^ Halliday, Paul Delaney. Habeas Corpus: From England to Empire, p.428 (n.136).
- ^ A collection of the public general statutes passed in the ... year of the reign of Her Majesty Queen Victoria, p. 429 (1867).
- The statutes at large from the 15th to the 20th year of King George III [vol. XVIII]; Charles Bathurst, London. 1765.
- Chronological table of the statutes; HMSO, London. 1993. ISBN 0-11-840331-1