Page:United States Statutes at Large Volume 31.djvu/1424

 1372 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. and prosecute to judgment any action in the courts of the District, to take possession of all pro erty of his said ward, and collect and receive all moneys belonging and) due to him therein, to give full receipt and acquittances for debts and to release all claims, liens, and mortgages to him belongin, on property in said District, in the same manner as _ if his authority ghad been ori inally conferred by the supreme court .£'§Q”§”“§}v& security of said District: Provided, Tgat said guardian shall be required to ‘°’ uw °°S°S· give security for the costs which may accrue in any action brought by him, in the same manner as other nonresidents bringing suit in the courts of said District. CHAPTER Tuurrr-Two. Habm °°’P“’· HABEAS CORPUS. ··h°W °b*¤i¤°d· Sec. 1143. How onrA11~mn.——-Any person committed, detained, confined, or restrained from his lawful liberty within the District, under any color or pretense whatever, or any person in his or her behalf, may apply by petition to the supreme court of the District, or any justice thereof, for a writ of habeas corpus, to the end that the cause of such commitment, detainer, confinement, or restraint may be inquired into; and the court or the justice applied to, if the facts set forth in the petition make a prima facie case, shall forthwith grant such writ, directed to the officer or other person in whose custody or keeping the party so detained shall be, returnable forthwith before said court or ustice. -1ww served 1 Sec. 1144. How sERvED.—The said writ shall be served by delivering it to the officer or other person to whom it is directed, or by leaving it at the prison or place at which the party suing it out is detained; and such officer or other person shall forthwith, or within such reasonable time as the court or justice shall direct, make return of the writ and cause the person detained to be brought before the court or justice, according to the command of the writ, and shall likewise certify the true cause of his detainer or imprisonment, if any, and under what color or pretense such person is confined or restrained of his libert. - I Evasive Sno)? 1145. EVASION.—OH any application for a writ of habeas corpus, if probable cause be shown for believing that the person charged with confining or detaining the person appl ing or on w ose behalf the a plication is made is about to remove the person so detained from tile place where he may then be, for the purpose of evading any writ of habeas corpus or for other purposes, or that he would evade or not obey any such writ, the court or justice shall insert in the writ a clause commandin the marshal to serve the writ on the person to whom it is directed and cause said person immediately to be and appear before the court or justice, together with the person so confined or detained, and it shall thereupon be the duty of the marshal immediately to carry the person charged with the detention, together with the person detained, before the court or justice, and said court or justice shall proceed to in uire into the matter. _ Bmsal '° P'°d“°°· (Sec. 1146. REFUSAL TO rnonUoE.—If any officer or other person to whom a writ of habeas corpus may be directed shall neglect or refuse to make return thereof, or to bring the body of the person detained, according to the command of the writ, he shall forfeit to the person detained the sum of five hundred dollars, and besides shall be liable to attachment and punishment as for a contempt. " miag acyozggjig Sec. 1147. Corr or o0MM1TMENT.—Any person committed or mended. detained, or any person in his behalf, may demand a true copy of the warrant of commitment or detainer, and any officer or other person detaining him who shall refuse or neglect to deliver to him a true copy