Page:1887 Compiled Laws of Dakota Territory.pdf/1276

§§ 7847-7850. unless the delay shall happen on the application of the prisoner; if such court at the second term shall be satisfied that due exertions have been made to procure the evidence for and on behalf of the territory, and that there are reasonable grounds to believe that such evidence may be procured at the third term, they shall have power to continue such case till the third term; if any such prisoner shall have been admitted to bail for a crime other than a capital offense, the court may continue the trial of said cause to a third term, if it shall appear by oath or affirmation that the witnesses for the territory are absent, such witnesses being mentioned by name, and the court shown wherein their testimony is material.

§ 7847. To prevent any person from a voiding or delaying his trial, it shall not be lawful to remove any prisoner on habeas corpus under this act out of the county in which he or she is con­fined, within fifteen days next preceding the term of the court at which such person ought to be tried, except it be to convey him or her into the county where the offense with which he or she stands charged is properly cognizable.

§ 7848. Any person being committed to any prison, or in custody of any officer, sheriff, jailer, keeper, or other person, or his under officer or deputy, for any criminal or supposed criminal matter, shall not be removed from the said prison or custody into other prison or custody, unless it be by habeas corpus, or some other any legal writ; or where the prisoner shall be delivered to the constable, or other inferior officer, to be carried to some com­mon jail; or shall be removed from one place to another, within the county, in order to his discharge or trial in due course of law; or in a case of sudden fire, infection, or other necessity, or where the sheriff shall commit such prisoner to the jail of an adjoining county for the want of a sufficient jail in his own county, as is provided in the act concerning jails and jaikrs; or where the prisoner, in pursuance of a law of the United States, may be claimed or demanded by the executive of the United States, or territories; if any person shall, after such commitment as afore­ said, make out, sign or countersign any warrant or warrants for such removal, except as before excepted, then he or they shall forfeit to the prisoner or aggrieved party, a sum not exceeding three hundred dollars, to be received by the prisoner or party aggrieved in the manner hereinafter mentioned.

§ 7849. Any judge empowered by this act to issue writs of habeas corpus, who shall corruptly refuse to issue such writ, when legally applied to, in a caoo where such writ may lawfully issue, or who shall, for the purpose of oppression, unreasonably delay the issuing of such writ, shall, for every such offense, for­ feit to the prisoner or party aggrieved a sum not exceeding five hundred dollars.

§ 7850. If any officer, sheriff, jailer, keeper or other person to whom any such writ shall be directed, shall neglect or refuse to make the returns as aforesaid, or to bring the body of the prisoner according to the command of said writ, within the time required by this act, all and every such officer, sheriff, jailer, keeper or other person, shall be deemed guilty of contempt of the court or judge who issued said writ; whereupon, the said court or judge may, and shall, issue an attachment against such of­ ficer, sheriff, jailer, keeper or other person, and cause him or them to be committed to the jail of the county, there to remain