Page:United States Statutes at Large Volume 31.djvu/480

 428 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. whenever so issued the court or judge shall state in the order of allowance that it was issued on such application. ,,,§§B,§§‘§Q,';‘Sa§g'§§j SEO. 600. A writ of habeas corpus may be served by the marshal, derwkins. or by any other person therein designated, at any place within the dis- ‘ trict, and the service thereof shall not be deemed complete, so as to require the prisoner to be brought up before the court or judge issuing the same, unless the party serving the same shall tender to the person in whose custody the prisoner may be, if such person be a marshal or other officer, the fees allowed by law for bringing up such prisoner; nor unless he shall also enter into an undertakin to such marshal or other officer, as the case may be, in a penalty doubde the amount of the sum for which such prisoner may be detained, if he be detained for any specific amount of money, and if not, then in such a sum as the judge granting the writ shall direct, not exceeding one thousand dollars, to the eifect that such person shall pay the charges for carry- ing back such prisoner if he shall be remanded, and that such risoner will not escape by the way, either in going to or returning fIi·om the place to which he is taken. If such fees be not paid, or such security be not tendered, the officer to whom the writ is directed shall make return thereto, in the manner required by section five hundred and ' seventy-three, and shall state therein the reason why such prisoner is not produced, and thereupon the court or judge granting the writ may proceed as if the prisoner were produced. But this section, from and inclusive of the words "and the service thereof," does not apply to a case wherein the writ is issued on the application of the district attorney. H°“’ “€“’°d Sec. 601. The writ of habeas corpus may be served by delivery of a certified copy of the original to the officer or person to whom it is directed, or, if he can not be found, by leaving such copy at the jail or other place in which the party is imprisoned or restrained, with any under officer or other erson having charge for the time of such party. S¤¤¤<=S¤*»i¤<>¤· Sec. 602. If the officer or person on whom the writ ought to be served conceal himself, or refuse admittance to the person attempting to serve it, it may be served by aihxin it in some conspicuous place on the outside either of his dwelling iouse or the jail or other place where the party is_ confined. Duty ¤>°b€Y “"“· Sec. 603. It is the duty of the marshal or other officer upon whom a writ of habeas corpus has been served, whether such writ be directed to him or not, upon payment or tender of the fees allowed by law and the delivery or tender of the undertaking herein prescribed, to obey and return the writ according to the exigency thereof; and it is the duty of every other person upon whom the writ is served, having the custody of the person for whose benefit it is issued, to obey and return it in like manner without requiring the payment of any fees, unless the judgment of such fees has been required by the court or judge allowing such writ. rgéifgnghgggsmfj Sino. 604. Every court or judge allowing a writ of habeas corpus, Ee mama Samidirected to a person other than the marshal or other officer, may, in its discretion, require, in order to render the service effectual, that the charges of producin the party be paid by the applicant; and in such case the court or `udge shall, in the order allowing the writ, specify the amount of, such char es, which shall not exceed the fees allowed by law to marshals for similar services. P¤><>f<>f¤•¤¤‘i¤¢- Sec. 605. The proof of service of the writ of habeas corpus shall be the same as in the service of a summons, except that the same shall be indorsed upon a copy of the writ made by the officer or person _ _ _ serving it, and returned to the clerk who issued the writ. ,,m%‘§‘,§ b`§l}§§d§Tm° Sec. 606. `If the writ be returnable at a certain time, such return shall be made and the party produced, if required or there be no valid