As the habeas corpus act extended only to cases where persons are imprisoned on criminal or supposed criminal charges, the other eases being left to the operation of the common law, which was found defective, the statute 56 Geo. III. c. 100 was passed, which extended the writ to other cases. Under this last act, any person confined or restrained of his liberty (otherwise than for criminal matters, and except persons imprisoned under a judgment or decree for debt), may apply to any judge of the common law courts for a habeas corpus, on showing by affidavit that there is a reasonable and probable ground for complaint.
The result is, that in all cases whatever where a person, whether man, woman, or child, is illegally confined in England, the remedy is for some friend to apply for a corpus, which, on a good prima facie case, will be issued to the person who so illegally confines the applicant; and if such person refuses to make a proper return—that is, show good legal grounds for what is done—he will be committed for contempt. If the party is confined under recognized authority, as a child by a parent, these facts must be stated. If the party is confined under some legal authority, then the warrant
of commitment must be produced, and the rule is that such warrant must set forth the subject matter, and the jurisdiction of the judge or justice who so committed the party, so that the legality of the imprisonment may be judged of.
The habeas corpus act does not extend to Scotland, but in that country similar redress is provided to the subject under the wrongous imprisonment act, 1701, c. 6 (q.v.), which is often called the Scotch habeas corpus act.
Habeas corpus is also the formal commencement of several other legal writs in English law of a kindred nature to that last mentioned, and which is strictly called the writ of habeas corpus ad sulniciendum. Thus, the habeas corpus ad respondendum is a writ issued by a common law court to bring up a prisoner to serve him with a writ in another action. So a habeas corpus ad satisfaciendurn is a similar writ to take the prisoner in execution for another cause of action. Habeas corpus ad tall:film-Own is the writ by which a prisoner is brought up by the jailer to give evidence as a witness in a court of justice.