1. The scope of the high prerogative writ of Habeas Corpus as known to English Law, and the grounds on which it should issue are, we think well-settled on the judicial decisions. It is enough to extract the classic observations of Brett, M. R. in In re Agar-ellis v. Lascelles (1883 (24) Law Reports Chancery, 317.) at page 326:

"It is the universal law of England that if any one person alleges that another is under illegal control by anybody, that person, whoever it may be, may apply for a Habeas Corpus and thereupon the person under whose supposed control, or in whose custody, the person is alleged to be illegally and without his consent is brought before the Court. But the question before the Court upon Habeas Corpus is whether the person is in illegal custody without that person's consent."

That was in case where a mother's application that she be allowed the custody and control of her daughter aged nearly 17 years who had been left by the father, under protection of a lady as care-taker, who was proceeding abroad for a few weeks, was dismissed by the Court, on the ground that no grounds have been made out to deprive the father of the exercise of his legitimate rights t