Page:United States Statutes at Large Volume 31.djvu/478

 426 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. Sixth. When the order or process is not authorized by any judgment _ _ of any court, nor by any provision of law. jufggflfgg ‘;§,(§“,§*;.“;}; Sec. 582. But no court or judge, on the return of a writ of habeas ¢¤¤w¤<>¤t<> be i¤q¤ir<=<1 corpus, has power to inquire into the legality or (justice of any order, mjudgment, or process specified in section five hun red and sixty-seven, nor into the justice, propriety, or legality of any commitment for a contemfpt made by a court, officer, or body, according to law, and charge in such commitment, as provided by law. , Q¤.¤<>m¤¤i¤¤¢¤¤f<>r Sec. 583. If it appear that the party has been legally committed for cr1m1naloEenses,h0w. . . _ . . wpmceea. a criminal offense, or 1f he appear by the testimony offered with the return, or upon the hearing thereof, to be probably uilty of such offense, althou h the commitment be irregular, he shallrforthwith be remanded to the custody or placed under the restraint from which he was taken, if the oiHcer or person under whose custody or restraint he was be legally entitled thereto; if not so entitled, he shall be committed to the custody of the officer or person so entitled. mU§;§v3y0dgg¤§§*§iV· Sec. 584. Until judgment be given up\on the return, the party may ' p` either be committed to the custody of the marshal or placed in suc care or under such custody as his age and other circumstances may re u1re. ‘ _Wh¤E) Eggs tg pe (Sec. 585. When it appears, from the return to the writ, that the gmu pn °' part named therein is in custody on an order or process under which anofficr person has an interest in continuing his imprisonment or restraint, no order shall be made for his discharge until it shall appear that the party so interested, or his attorne, shall have had notice of the time and pjace at which such writ shall have been made returnable. mN$;¤<3i§l;i%=; ${3; Sec. 586. hen it appears from the return that the party is imprisney. oned or restrained on a criminal accusation, the court or judge shall make no order for his discharge until notice of the return is given to the district attorney: m§§,°€*}}t;g may be °°¤· Sec. 587. The plaintiff in the proceeding, on. the return of the writ, ` may, by replication, verified as in an action, controvert any of the materia facts set forth in the return, or he may allege therein any fact to show, either that his imprisonment or restraint is unlawful, or that he is entitled to his discharge; and thereupon the court or judge shall proceed in a summary way to hear such evidence as may be produced 1n support of the imprisonment or restraint, or against the same, and to dispose of the party as the law and justice of the case may require. m§1€¤¤i¤g¤<>¤¤¤¢r¤· Sec. 588. The plaintiff may demur to the return, or the defendant ` may demur to the new matter, if any, set forth in the replication of t the plaintif, or by proof controvert the same, as upon a direct denial or avoidance. The pleadings herein provided for shall be made within such time as the court or judge shall direct, and they shall be construed and have the same effect as in an action. €§$g¤ girggugtjygeog Sec. 589. Whenever, from the sickness or iniirmity of the party, he ivan. P can not without danger be produced, the officer or person in whose custody he is may state that fact in his return to the writ, and if satisfied of the truth of the allegation, and the return be otherwise suiiicient, the court or judge shall proceed to decide on the return and to dispose of the matter in the same manner as if the party had been roduce. ‘ lgudsmegt oi dlisi P Sec. 590. If it appear that the party detained is illegally imprisoned §i~g§§§a(i£g§lm1m ° or restrained, judgment shall be given that he be forthwith discharged; otherwise judgment shall be given that the proceeding be dismissed · I and the party remanded. _ · _ · _ _ _ _ thigrpigglggugiiagjfirgg Sec. 591. otwithstanding the issuing of the writ without requiring pei-sou. . the production of the person, the court or judge before whom the same was returnable may, before final decision, issue a precept to