Habeas Corpus Suspension Act 1745 Explained

Short Title:Habeas Corpus Suspension Act 1745
Type:Act
Parliament:Parliament of Great Britain
Year:1745
Citation:19 Geo. 2. c. 1
Repealing Legislation:Statute Law Revision Act 1867
Status:repealed
Short Title:Habeas Corpus Suspension (No. 2) Act 1745
Type:Act
Parliament:Parliament of Great Britain
Year:1745
Citation:19 Geo. 2. c. 17
Collapsed:yes
Short Title:Habeas Corpus Suspension Act 1746
Type:Act
Parliament:Parliament of Great Britain
Year:1746
Citation:19 Geo. 2. c. 1
Collapsed:yes

The Habeas Corpus Suspension Act 1745 (19 Geo. 2. c. 1) was an Act of Parliament of the Parliament of Great Britain passed on 18 October 1745,[1] and formally repealed in 1867.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 a second Act of the same title (19 Geo. 2. c. 17) and by a third act the next year (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.

The Act remained in force until 19 April 1746, when it was renewed, and was formally repealed as obsolete by the Statute Law Revision Act 1867.[2]

References

Notes and 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).