Page:United States Statutes at Large Volume 31.djvu/477

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 425 public officer and shall make his return in his official capacity, it shall be verified by oath. Sec. 574. The person or officer on whom the habeas corpus shall du*§,§’f’“ ‘° be Pm have been served shall also bring the body of the person in his custody, according to the command of such writ, except in the case of the sickness of such person, as hereinafter provided. . Sec. 575. f the person upon whom such writ shall have been duly ca;g“g{“,$gégj?y§ jg served shall refuse or neglect to obey the same by producing the party fusal no over. named in such writ and making a full and explicit return thereto within the time required, and no sufficient excuse be shown, it shall be the duty of the court or judge before whom such writ shall have been made returnable, upon due proof of the service thereof, forthwith to issue a warrant against such person, directed -to the marshal, and commanding him forthwith to apprehend such person and bring him immediately before such court or judge; and on such person being so brought he shall be committed to close custody until he shall make return to such writ and comply with any order that may be made in relation to the person for whose relief such writ shall have been issued. Sec. 576. If the marshal or any deputy shall have neglected to return ,0I{,§§‘H§°{vu‘;§§},‘;°*$; such writ, the warrant may be directed to any other person to be des- issue ignated therein, who shall have full power to execute the same, and such marshal or deputy upon being brought up may be committed to any jail or other place of imprisonment in the district. Sec. 577. The court or judge by whom any such warrant shall be P’°°€P“° mmmissued may also, at the same time or afterwards, issue a precept to the marshal or other person to whom such warrant shall have been irected, commandin him to bring forthwith before such court or judge the party for wiose benefit such writ shall have been allowed, who shall thereafter remain in the custody of such marshal or person until discharged or remanded. Sec. 578. The court or judge before whom the party shall be brought inlfgggd gage *0 be on such writ shall, immediately after the return thereof, roceed to q “ examine into the facts contained in such return and into tlife cause of the imprisonment or restraint of such party, whether the same shall have been upon commitment for any criminal or supposed criminal matter or not._ SEo. 579. If no legal cause be shown for such imprisonment or Sh§W*},“>`d1§§§;,§§‘§g restraint, or for the continuation thereof, the court or judge shall dis- smnteii. Ehpgge such party from the custody or restraint under which he is e. Sec. 580. It shall be the duty of the court or judge forthwith to ,egQ§§e§“’*¥' *° b° remaréd such party if it shall appear that he is legally detained in ` · custo. SEo.y581. If it a pear on the return that the prisoner is in custod W,QQu°,j,’*,§;“d,§c*;,§,‘;§; by virtue of an or<i)er or civil process of any court legally constitutedi ed. or issued by an officer in the course of judicial proceedings before him, authorized by law, such prisoner shall be discharged in either of the following cases: First. When the jurisdiction of such court or officer has been exceeded, either as to matter, place, sum, or person;_ Second. When, though the original imprisonmentiwas lawful, yet by some act, omission, or event w ich has taken place afterwards the party has become entitled to be discharged; Third. When the order or process is defective in some matter of substance re uired by law, rendering such process void; Fourth. When the order or rocess, though in proper form, has been issued in a case not alloweci) by law; Fifth. When the person having the custody of the prisoner under auch order or process is not the person empowered by law to detain 1111; or,