Page:Revised Codes of the State of North Dakota 1895.pdf/1548

§§ 8680-8683 the evidence for and on behalf of the state, and that there are reasonable grounds to believe that such evidence may be procured at the third term, it 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 state are absent, such witnesses being mentioned by name, and the court shown wherein their testimony is material.

§ 8680. Writ not allowed to delay trial. To prevent any person from avoiding or delaying his trial, it shall not be lawful to remove any prisoner on habeas corpus under this chapter out of the county in which he 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 into the county where the offense with which he stands charged is properly cognizable.

§ 8681. Prisoners shall not be removed from one prison to another. Exceptions. Any person being committed to any prison, or in custody of any officer, sheriff, jailer, keeper or other person, or his underofficer 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 of some other legal writ; or when 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 when 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 chapters concerning jails and jailers; or when 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 aforesaid, 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 aggrieveil party, a sum not exceeding three hundred dollars, to be received by the prisoner or party aggrieved in the manner hereinafter mentioned.

§ 8682. Penalty if judge refuses or delays writ. 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 case when 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, forfeit to the prisoner or party aggrieved a sum not exceeding five hundred dollars.

§ 8683. Removing or concealing prisoner to avoid writ. Anyone 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 under the control of another, or shall conceal him or change the place of his confinement with intent to avoid the operation of such writ, or with intent to remove him out of this state, shall forfeit for every such offense one thousand dollars, and be imprisoned in the penitentiary not less than one year, nor

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