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body need not be produced, the writ, instead of requiring the production of the person, may require the defendant to certify and return, the time and cause of the imprisonment or restraint.

1314. If application for the writ be made to the supreme court, or a judge thereof, in a county other than that where the party is imprisoned, the writ may be made returnable before any officer authorised to grant the writ, in the county of the imprison

ment.

1315. The writ must not be disobeyed for any defect of form.

It is sufficient,

1. If the person, having the custody of the party imprisoned or restrained, be designated either by his name of office, if he have any, or by his own name, or if both such names be unknown or uncertain, he may be described by an assumed appellation; and any one who may be served with the writ, is to be deemed the person to whom it was directed, although it may be directed to him by a wrong name or description, or to another person;

2. If the person, who is directed to be produced, be designated by name, or if his name be uncertain or unknown, he may be described in any other way, so as to designate the person intended.

§ 1316. Whenever the supreme court, or a judge thereof, has evidence from a judicial proceeding before

such court or judge, that any person within the county where the court or judge may be, is illegally imprisoned or restrained of his liberty, it is the duty of such court or judge, to issue a writ of deliverance for his relief, although no application be made for such writ.

§ 1317. The person, on whom the writ is served, must state in his return plainly and unequivocally,

1. Whether he have, or have not, the party in his custody, or power, or under his restraint:

2. If he have the party in his custody or power, or under his restraint, the authority and true cause of such imprisonment or restraint, setting forth the same at large:

3. If the party be detained, by virtue of a writ, warrant, or other written authority, a copy thereof must be annexed to the return, and the original must be produced and exhibited, on the return of the writ, to the court or judge to whom the same is returnable:

4. If the person on whom such writ shall have been served, shall have had the party in his custody or power, or under his restraint, at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the return must state particularly to whom, at what time, for what cause, and by what authority such transfer took place.

The return must be signed by the person making the same, and, except where he is a sworn public officer, and makes his return in his official capacity, it must be verified by his oath.

§ 1318. If the writ of deliverance require it, the person or officer on whom the writ shall have been served, must also produce the person in his custody or power, according to the command of the writ, except in the case of the sickness of such party, as provided in section 1332.

§ 1319. If the person, on whom the writ shall have been duly served, refuse or neglect to obey the same, by producing the party named therein, and making a full and explicit return thereto, within the time required, and no sufficient excuse be shown therefor, it is the duty of the court or judge, before whom the writ was returnable, upon proof of the service thereof, forthwith to issue a warrant of arrest against such person, directed to the sheriff of any county within this state, and commanding him forthwith to arrest such person and to bring him before the court or judge; and on his being so brought, he must be committed to close custody, in the jail of the county, without being allowed the liberties thereof, until he makes return to the writ, and complies with any order that may be made in relation to the person, for whose relief the writ was issued.

§ 1320. If a sheriff shall have neglected to return the writ, the warrant may be directed to the coroner, or any other person designated therein, who shall have full power to execute the same; and the sheriff, upon being brought up, may be committed to the jail of any county other than his own.

§ 1321. The court or judge, by whom the warrant is issued, may also, at the same time, or afterwards, issue a precept to the sheriff, or other person to whom the warrant was directed, commanding him, to bring forthwith the party for whose benefit the writ of deliverance was granted; and he shall thereafter remain in the custody of such sheriff or person, until discharged or remanded.

§ 1322. The court or judge, before whom the party is brought, on the writ of deliverance, must immediately, after the return thereof, examine into the facts contained in the return, and into the cause of the imprisonment or restraint of the party, whether the same shall have been upon commitment for any criminal, or supposed criminal, matter or not.

§ 1323. If no legal cause be shown for the imprisonment or restraint, or for the continuance thereof, the party must be discharged from the custody or restraint under which he is held.

§ 1324. The party, must be forthwith remanded, if it appear that he is detained in custody:

1. By virtue of process issued by a court or judge of the United States, in a case where such court or judge has exclusive jurisdiction:

2. By virtue of the judgment, of a competent court of civil or criminal jurisdiction, or of an execution issued upon such judgment; or

3. By virtue of a warrant of commitment for a contempt, specially and plainly charged therein, and issued by a court, officer or body, having authority to commit for the contempt so charged, and

4. That the time, during which such party may be legally detained, has not expired.

§ 1325. If it appear on the return, that the party is in custody by virtue of an order or civil process, from a court legally constituted, or issued by an officer in the course of judicial proceedings before him, authorised by law, the party can be discharged in one of the following cases only:

1. Where the jurisdiction of such court or officer has been exceeded, either as to matter, place, sum, or per

son:

2. Where, although the original imprisonment was

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