Page:1887 Compiled Laws of Dakota Territory.pdf/1274

 the material facts set forth in the return, or may allege any fact to show, either that the imprisonment or detention is unlawful, or that he is then entitled to his discharge, which allegations or denials shall be made on oath. The said return may be amended by leave of the court or judge, before or after the same is filed, as also may all suggestions made against it, that thereby material facts may be ascertained. The said court or judge shall proceed in a summary way to settle the said facts by hearing the testimony and arguments, as well of all parties interested civilly, if any there be, as of the prisoner and the person who holds him in custody, and shall dispose of the prisoner as the case may require; if it appears that the prisoner is in custody by virtue of process from any court legally constituted, he can be discharged only for some of the following causes:

1. When the court has exceeded the limit of its jurisdiction, either as to the matter, place, sum or person.

2. Where, though the original imprisonment was unlawful, yet by some act, omission or event, which has subsequently taken place, the party has become entitled to his discharge.

3. Where the process is defective in some substantial form required by law.

4. Where the process, though in proper form, has been issued in a case or under circumstances where the laws do not allow process or orders for imprisonment or arrest to issue.

5. When, although in proper form, the process has been issued or executed by a person either unauthorized to issue or execute the same, or where the person having the custody of the prisoner, under such process, is not the person empowered by law to detain him.

6. Where the process appears to have obtained by false pretense or bribery.

7. Where there is no general law nor any judgment, order or decree of a court to authorize the process, if in a civil suit, nor any conviction, if in a criminal proceeding, No court or judge, on the return of a habeas corpus, shall, in any other manner inquire into the legality or justice of a judgment or decree of a court legally constituted; in all cases where the imprisonment is a criminal, or supposed criminal matter, if it shall appear to the said court or judge that there is sufficient legal cause for the commitment of the prisoner, although such commitment may have been informally made, or without due authority, or the process may have been informally made, or without due authority, or the process may have been executed by a person not authorized, the court or judge shall make a new commitment in proper form, and directed to the proper officer, or admit the party to bail, if the case be bailable.

§ 7842. When any person shall be admitted to bail on habeas corpus, he shall enter into recognizance, with one or more securities, in such sum as the court or judge shall direct, having regard to the circumstances of the prisoner, and the nature of the offense, conditioned for his or her appearance at the next district court, to be holden in and for the county where the offense was committed, or where the same is to be tried; where any court or judge shall admit to bail or remand any prisoner brought before him or them on any writ of habeas corpus, it shall be the duty of the said court or judge to bind all such persons as do declare anything material to prove the offense with which the prisoner is charged. by recognizance, to appear at the proper