the said court: Provided also, that if such writ Courts to make writs shall be awarded by the Court of King's Bench or issued late the Court of Common Pleas, or Court of in term returnable in Exchequer . . . . . . . . . . . . which last-mentioned vacation. court shall have like power to award such writs as the respective courts of King's Bench and Common Pleas . . . . . . . . . . .now have, in term, but so late that, in the judgement of the court, obedience thereto cannot be conveniently paid during such term the same shall and may, at the discretion of the said court, be made returnable at a day certain in the then next vacation, before any justice or baron of the degree of the coif . . . . . . . . . . who shall and may proceed thereupon, in such manner as by this Act is directed concerning writs issuing in and made returnable during the vacation. 3. And be it further enacted by the authority The judge shall inquire aforesaid, that in all cases provided for by this into the truth Act, although the return to any writ of habeas of facts set forth in return; corpus shall be good and sufficient in law, it shall be lawful for the justice or baron, before whom such writ may be returnable, to proceed to examine into the truth of the facts set forth in such return by affidavit or by affirmation (in cases where an affirmation is allowed by law), and to do therein as to justice shall apertain; and if such writ shall be returned before any one of the said justices or barons, and it shall appear doubtful to and where it appears him on such examination, whether the material doubtful shall facts set forth in the said return or any of them be bail the person true or not, in such case it shall and may be lawful confined on for the said justice or baron to let to bail the said recognizance to appear in person so confined or restrained, upon his or her term etc. entering into a recognizance with one or more sureties, or in case of infancy or coverture, or other disability, upon security by recognizance, in a reasonable sum, to appear in the court of which the said justice or baron shall be a justice or baron
Courts to make writs issued late in term returnable in vacation. the said court: Provided also, that if such writ shall be awarded by the Court of King's Bench or the Court of Common Pleas, or Court of Exchequer . . . . . . . . . . . . which last-mentioned court shall have like power to award such writs as the respective courts of King's Bench and Common Pleas . . . . . . . . . . .now have, in term, but so late that, in the judgement of the court, obedience thereto cannot be conveniently paid during such term the same shall and may, at the discretion of the said court, be made returnable at a day certain in the then next vacation, before any justice or baron of the degree of the coif . . . . . . . . . . who shall and may proceed thereupon, in such manner as by this Act is directed concerning writs issuing in and made returnable during the vacation. The judge shall inquire into the truth of facts set forth in return; 3. And be it further enacted by the authority aforesaid, that in all cases provided for by this Act, although the return to any writ of habeas corpus shall be good and sufficient in law, it shall be lawful for the justice or baron, before whom such writ may be returnable, to proceed to examine into the truth of the facts set forth in such return by affidavit or by affirmation (in cases where an affirmation is allowed by law), and to do therein as to justice shall apertain; and if such writ shall be returned before any one of the said and where it appears doubtful shall bail the person confined on recognizance to appear in term etc. justices or barons, and it shall appear doubtful to him on such examination, whether the material facts set forth in the said return or any of them be true or not, in such case it shall and may be lawful for the said justice or baron to let to bail the said person so confined or restrained, upon his or her entering into a recognizance with one or more sureties, or in case of infancy or coverture, or other disability, upon security by recognizance, in a reasonable sum, to appear in the court of which the said justice or baron shall be a justice or baron