145. General scope of the writ.

The writ is available as a remedy in all cases of wrongful deprivation of personal liberty¹. The illegal detention of a subject, that is a detention or imprisonment which is incapable of legal justification, is the basis of jurisdiction in habeas corpus².

Where the detention of an individual is under process for criminal or supposed criminal causes³, the jurisdiction of the court and the regularity of the commitment may be inquired into⁴.

Where the restraint is imposed on civil grounds under claim of authority, the legal validity of that claim may be investigated and determined⁵, and where, as frequently occurs in