Page:1887 Compiled Laws of Dakota Territory.pdf/1273

Habeas Corpus. prisoner or some person on his behalf, setting forth the facts concerning his imprisonment, and in whose custody he is detained, and shall be accompanied by a copy of the warrant or warrants of commitment, or an affidavit that the said copy has been demanded of the person in whose custody the prisoner is detained, and by him refused or neglected to be given. The said court or judge to whom the said application shall be made, shall forth with award the said writ of habeas corpus, unless it shall appear from the petition itself, or from the document annexed, that the party can neither be discharged nor admitted to bail, nor in any other manner relieved, which said writ, if issued by the court, shall be under the seal of the court; if by a judge, under the hand of a judge, and shall be directed to the person in whose custody the prisoner is detained, and made returnable forth with, to the intent that no officer, sheriff, jailer, keeper, or other person to whom such writ shall be directed, may pretend ignorance thereof. Every such writ shall be indorsed with these words, “by the habeas corpus act," and whenever the said writ shall, by any person, be served upon the sheriff, jailer, or keeper, or other person whatsoever, to whom the same shall be directed, or being brought to him, or being left with any of his under officers or deputies, at the jail or place where the prisoner is detained, he, or some of his under officers or deputies, shall, upon payment or tender of the charges of bringing said prisoner, to be ascertained by the court or judge awarding the said writ and indorsed thereon, not exceeding fifteen cents per mile, and upon sufficient security given to pay the charges carrying him back, if he shall be remanded, make return of such writ, and bring or cause to be brought, the body of the prisoner before the court or judge who granted the writ, or in case of the adjournment of the said court, or absence of the judge, then before any of the judges aforesaid, and certify the true cause of his imprisonment, within three days thereafter, unless the commitment of such person be in a place beyond the distance of twenty miles from the place where the writ is returnable; if beyond the distance of twenty miles and not above one hundred miles, then within ten days, and if beyond the distance of one hundred miles, then within twenty days after the delivery of the writ as aforesaid, and not longer.

§ 7840. When any person, not being committed or detained for any criminal or supposed criminal matter, shall be confined or restrained of his or her liberty, under any color or pretense whatever, he or she may apply for a writ of habeas corpus as aforesaid. Application shall be in writing, signed by the party or some person on his behalf, setting forth the facts concerning his or her imprisonment, and wherein the illegality of such imprisonment consists, and in whose custody he or she is detained, which application or petition shall be verified by the oath or affirmation of the party applying, or some other person on his or her behalf. If the confinement or restraint is by virtue of any judicial writ, or process or order, a copy thereof shall be annexed thereto, or an affidavit made that the same has been demanded and refused; the same proceedings shall thereupon be had in all respects as are directed in the preceding section.

§ 7841. Upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause of imprisonment or detainer, not exceeding five days thereafter, unless the prisoner shall request a longer time. The said prisoner may deny any of