Page:1887 Compiled Laws of Dakota Territory.pdf/1277

 without bail or mainprise, until he or they shall obey the said writ; such officer, sheriff, jailer, keeper or other person, shall also forfeit to the prisoner or aggrieved party a sum not exceeding five hundred dollars, and shall be incapable of holding or execut­ing his said office.

§ 7851. Any one having a person in his custody, or under his restraint, power or control, for whose relief a writ of habeas corpus is issued, who, with intent to avoid the effect of such writ, shall transfer such person to the custody, or place him or her under the control of anotl1er, or sl1all conceal him or her, or change the place of his or her confinement, with intent to avoid the operation of such writ, or with intent to remove him or her out of this territory, shall forfeit for every such offense one thousand dollars, and be imprisoned not less than one year, nor more than five years; in any prosecution for the penalty incurred under this section, it shall not be necessary to show that the writ of habeas corpus had issued at the time of the removal, transfer or concealment therein mentioned, if it be proven that the acts therein forbidden were done with the intent to avoid the operation of such writ.

§ 7852. Any sheriff or his deputy, any jailer or coroner, having custody of any prisoner committed on a civil or criminal process of any court or magistrate, who shall neglect to give such prisoner a copy of the process, order or commitment by vir­tue of which he is imprisoned, within six hours after the demand made by said prisoner, or any one on his behalf, shall forfeit five hundred dollars.

§ 7853. Any person who, knowing that another has been discharged by order of a competent judge or tribunal, on a habeas corpus, shall contrary to the provisions of this act, arrest or detain him again for the same cause which was shown on the return of such writ, shall forfeit five hundred dollars for the first offense, and one thousand dollars for every subsequent offense.

§ 7854. All the pecuniary forfeitures under this act shall inure to the use of the party for whose benefit the writ of habeas corpus issued, and shall be sued for and recovered, with costs, in the name of the territory, by every person aggrieved.

§ 7855. In any action or suit for any offense against the provisions of this act, the defendant or defendants may plea the general issue, and give the special matter in evidence.

§ 7856. The recovery of the said penalties shall be no bar to a civil suit for damages.

§ 7857. The supreme and district courts within this terri­tory, or the judges thereof in vacation, shall have power to issue writs of habeas corpus, for the purpose of bringing the body of any person confined in any jail within the same before them, to testify or be surrendered in discharge of bail. When a writ of habeas corpus shall be issued for the purpose of bringing into court any person to testify, or the principal, to be surrendered in discharge of bail, and such principal or witness shall be con­fined in any jail in this territory out of the county in which such principal or witness is required to be surrendered, or to any county in this territory, and there be executed and returned by any officer to whom it shall be directed, and the principal, after being surrendered, or his bail discharged, or a person testifying as aforesaid, shall, by the officer executing such writ, be returned