Page:United States Statutes at Large Volume 76A.djvu/444

–348– -348§ 1539. Judgment against sureties If judgment is rendered in the action that the alleged transfer or conveyance was made to hinder, delay, or defraud creditors, then judgment shall be rendered in the action without further proceeding in favor of the plaintiff and against the principal and sureties on the undertaking for the sum for which the undertaking was executed according to the conditions thereof. CHAPTER 55—HABEAS CORPUS Sec.

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Right to writ of habeas corpus. Application for writ. Grant of writ by district court. Grant of writ by magistrate's court. Form of writ. Service of writ. Defect of form; disobedience forbidden. Proceedings upon disobedience to writ. Damages for failure to obey writ. Contents of return. Production of body. Illness of person in custody. Hearing on return. Procedure for hearing. Custody pending judgment. Discharge from custody or restraint. Remand of person detained by virtue of process. Discharge of person detained by virtue of process. Defect of form in warrant of commitment. Writ for person committed on criminal charge. Hearing and disposition where charge or process defective. Remand to custody. Recommitmbnt to proper custody. Imprisonment after discharge. Warrant in lieu of writ of habeas corpus. Time of issuance and service of writs and process. Issuance and return of writs and process. Motion to vacate or correct sentence.

§ 1571. Right to writ of habeas corpus A person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of the imprisonment or restraint. § 1572. Application for writ Application for the writ of habeas corpus shall be made by petition signed either by the person for whose relief it is intended or by another person in his behalf, and verified by the oath of the person making the application. The petition shall specify: (1) that the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty; (2) the officer or person by whom he is so confined or restrained, naming all the parties if they are known or describing them if they are not known; (3) the place where the person is so confined or restrained; and (4) in what the alleged illegality consists, if the imprisonment is alleged to be illegal. § 1573. Grant of writ by district court The writ of habeas corpus may be granted by the district court or the judge thereof, upon petition by or on behalf of a person restrained of his liberty. "When a petition is presented the court or judge shall grant it without delay if it appears that it ought to issue.

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