Page:United States Statutes at Large Volume 31.djvu/475

 Frrrr--sixrH ooNGREss. sw,. 1. ou. 786. 1900. 423 CHAPTER F IFTY—SEVEN. OF THE XVRIT OF HABEAS CORPUS. Sec. Sec. 566. Who may prosecute. 589. When production of person dis- 567. Who not entitled to prosecute. pensed with. _ 568. By whom allowed, and application 590. Judgment of discharge or dismissal therefor. of proceedings. 569. Petition for writ; what it shall con- 591. Precept requiring the production of tain. the person. 570. When allowed. 592. Obedience to judgment of discharge, 571. What the writ shall contain.how enforced. 572. Nottobedisobeyed forwantof form. 593. Person once discharged not again 573. What the return shall contain. imprisoned. 574. Person to be produced. 594. When warrant to issue in lieu of 575. Warrant to issue in case of neglect l habeas corpus. or refusal to obey. 595. Arrest of the person having custody 576. If officer neglects, to whom warrant of the party. 0 to issue. 596. Warrant, how executed and the pro- 577. Precept to marshal. ceedings thereon. 578. When cause to be inquired into. 597. Person arrested to be committed or 579. If any legal cause shown, discharge bailed. gjranted.598. Penalty for refusing copy of order. ‘ 580. W en party to be remanded. 599. `When district attorney may apply 581. In certain cases, when to be dis- for awrit. 0 charged. 600. By whom served; tender of fees and 582. Legality of certain judgments and undertaking. process not to be inquired into. 601. How served. 583. Oncommitmentforcriminaloffenses, 602. Same subject. how to proceed. 603. Duty to obey writ. 584. Until judgment given, how to be 604. When charges for producing party kept. may be ordered paid. 585. When notice to be given to third 605. Proof ot service. party. _ 606. Within what time return to be made. 586. Notice, when given to the district 607. W'hat court has jurisdiction. attorney. 608. Appeal from judgment; question not 587. Return may be controverted. to be reexamined. 588. Pleadings on the return. · Sec. 566. Every person imprisoned, or otherwise restrained of his Wh°m°YP'°S°°“'°· l1 erty, within the district, under any pretense whatsoever, except in the cases specified in the next section, may prosecute a writ of habeas corpus according to the provisions of this chapter, to inquire into the cause of such imprisonment or restraint, and if illegal to be delivered therefrom. . _ SEo. 567. Persons properly imprisoned or restrained by virtue of p,X;1§§u‘§§j °“““""“° the legal judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution regularly and lawfully issued writ. SEo. 568. The writ shall be allowed by the court, or the judge ,nIf,’;,,f{,§§'é§u§}}§,j‘é§‘;; thereof, upon the petition of the party for whose relief it is intended, foror by some other person in his behalf, signed and verified by the oath of the petitione1·, to the effect that he believes it to be true. Sec. 569. The petition shall state in substance- W,1;§€i;jggu§¤;0;vt§i5; _ First. That the party in whose behalf the writ is applied for is ` lmprisoned or restrained of his liberty, the place where, and officer or person by whom he is imprisoned or restrained, naming both parties, 1f their names be known, or describing them, if not known; Second. That such person is not imprisoned or restrained by virtue of any orde1·, judgment, or process specified in section five hundred and sixty-seven; Third. The cause or pretense of such imprisonment or restraint, according to the best knowledge or belief of the petitioner; Fourth. lf the imprisonment or restraint be in virtue of any order, warrant, or process, a copy thereof shall be annexed to the petition,
 * upon such judgment or decree, shall not be allowed to prosecute the