Note 100 — OF MURDER GENERALLY.

The law does not appear to have made any sufficient provision for the (not improbable) contingency of a highly infectious disorder breaking out in any prison, yet it is evidently unjust that a prisoner for a debt of one shilling! or any other sum, should be exposed to the hazard of his life by remaining in contact with the infected, (see Buxton’s Inquiry.) Formerly the writ of Habeas Corpus was granted on such occasions, but abuses having arisen it was ultimately referred to the judges to consider the legality of this application of the writ, who decided against it; adding, however, that in case of great infection some house in some good town might be assigned for the warden of the Fleet, and the like for the marshal of the King’s Bench, where they might keep their prisoners sub arcta et salva custodia. Hutt. 129. But query, how far this course would be applicable to other prisons?