Page:United States Statutes at Large Volume 76A.djvu/445

–349– -349§ 1574. Grant of writ by magistrate's court During the absence of the district judge, the powers conferred upon him and the jurisdiction conferred upon the district court by this chapter may be exercised by a magistrate or a magistrate's court; but the magistrate herein referred to must be other than the one who committed the person to jail. In the event the magistrate or magistrate's court denies the writ, the proceedings may be begun and proceeded with de novo before the district court or judge upon his return. § 1575. Form of writ The writ shall be directed to the person having custody of or restraining the person on whose behalf the application is made, and shall command him to have the body of that person before the court or judge before whom the writ is returnable at a time and place therein specified. § 1576. Service of writ If the writ is directed to a ministerial officer of the court out of which it issues, it shall be delivered by the clerk to the officer without delay, as other writs are delivered for service. If it is directed to any other person, it shall be delivered to the officer of the court and be by him served upon the person by delivering it to him without delay. If the person to whom the writ is directed can not be found, or refuses admittance to the officer or person serving or delivering the writ, it may be served or delivered by leaving it at the residence of the person to whom it is directed, or by affixing it to a conspicuous place on the outside, either of his dwelling house or of the place where the person is confined or under restraint. § 1577. Defect of form; disobedience forbidden A writ of habeas corpus may not be disobeyed for defect of form, if it sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the court or judge before whom he is to be brought. § 1578. Proceedings upon disobedience to writ If the person to whom the writ is directed refuses, after service, to obey it, the court or judge, upon affidavit, shall issue an attachment against him, directed to any officer, commanding him forthwith to apprehend that person and bring him immediately before the court or judge; and upon being so brought, he shall be committed to jail until he makes due return to the writ, or is otherwise legally discharged. § 1579. Damages for failure to obey writ If the officer or person to whom the writ is directed refuses obedience to the command thereof, he shall forfeit and pay to the person aggrieved a sum not exceeding $1,000, to be recovered by action in any court of competent jurisdiction. § 1580. Contents of return (a) The person upon whom the writ is served shall state in his return plainly and unequivocally: (1) whether he has or has not the person in his custody, or under his power or restraint; and (2) if he has the person in his custody or power, or under his restraint, he shall state the authority and cause of the imprisonment or restraint. (b) If the person is detained by virtue of a writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original produced and exhibited to the court or judge on the hearing of the return.

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