other 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 attorney, if he have one, if to be found within the county, shall have had sufficient notice of the time and place at which such writ shall have been made returnable.

notified.

deny facts

$25. When it shall appear from the return that such party is District atdetained upon any criminal accusation, such officer shall make no torney to be order for the discharge of such party, until sufficient notice of the time and place at which such writ shall have been returned, or shall be made returnable, shall be given to the district attorney of the county in which such officer shall be, if to be found within the county. $ 26. The party brought before any such officer on the return of Party may any writ of habeas corpus, may deny any of the material facts set set forth in forth in the return, or allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge, which allegations or denials shall be on oath; and thereupon such officer shall proceed in a summary way to hear such allegations and proofs as may be produced in support of such imprisonment or detention, or against the same, and to dispose of such party as the justice of the case may require.

return.

when party

fore officer

$27. Whenever from the sickness or infirmity of the person di- Proceedings rected to be produced by any writ of habeas corpus, such person cannot be cannot without danger be brought before the officer before whom brought be. the writ is made returnable, the party in whose custody he is, may issuing writ state that fact in his return to the writ, verifying the same by his oath; and if such officer be satisfied of the truth of such allegation, and the return be otherwise sufficient, he shall proceed to decide upon such return and to dispose of the matter; and if it appear that the person detained is illegally imprisoned, confined or restrained of his liberty, the officer shall grant a writ of discharge commanding those having such person in their custody to discharge him forthwith; and if it appear that such person is legally detained, imprisoned or confined, and is not entitled to be bailed, such officer shall cease from all further proceedings thereon.

enforced.

$ 28. Obedience to any writ of discharge or to any order for the Obedience discharge of any prisoner, granted pursuant to the provisions of this to a writ how act, may be enforced by the officer issuing such writ or granting such order, by attachment, in the same manner as herein provided for a neglect to make a return to a writ of habeas corpus, and with the like effect in all respects; and the person guilty of such disobedience, shall forfeit to the party aggrieved, one thousand two hundred and felty for fifty dollars, in addition to any special damages such party may have ence. sustained.

disobedi

obeying writ

$29. No sheriff or other officer shall be liable to any civil action officer not for obeying any such writ or order of discharge; and if any action liable for shall be brought against such officer for suffering any person committed to his custody to go at large, pursuant to any such writ or order, he may, with his plea of the general issue, give notice of the same in bar of such action.

imprisoned

$30. No person who has been discharged by the order of any Person disofficer upon a habeas corpus issued pursuant to the provisions of this charged not act, shall be again imprisoned, restrained or kept in custody for the again for same cause; but it shall not be deemed the same cause,

same cauше.

1

What not deemed

same cause.

Penalty for

person discharged.

1st. If he shall have been discharged from a commitment on a criminal charge, and be afterwards committed for the same offence, by the legal order or process of the court wherein he shall be bound by recognizance to appear, or in which he shall be indicted or convicted for the same offence; or,

2d. If after a discharge for defect of proof, or for any material defect in the commitment in a criminal case, the prisoner be again arrested on sufficient proof, and committed by legal process for the same offence; or,

3d. If in a civil suit the party has been discharged for any illegality in the judgment or process herein before specified, and is afterwards imprisoned by legal process for the same cause of action; or,

4th. If in any civil suit he shall have been discharged from commitment on mesne process, and shall be afterwards committed on execution in the same cause, or on mesne process in any other cause after such first suit shall have been discontinued.

$31. If any person shall knowingly recommit, imprison or reimprisoning strain of his liberty, or cause to be recommitted, imprisoned or restrained of his liberty for the same cause, except as provided in the last section, any person so discharged, or shall knowingly aid or assist therein, he shall forfeit to the party so aggrieved, one thousand two hundred and fifty dollars, and shall also be deemed guilty of a misdemeanor.

Person con

entitled to

of misde neanor.

$32. Any one having in his custody or under his power any percealing party son, who by the provisions of this act would be entitled to a writ of writ, guilty habeas corpus to inquire into the cause of his detention, who shall, with intent to elude the service of any such writ or to avoid the effect thereof, transfer any such prisoner to the custody, or place him under the power or control of another, or conceal him, or change the place of his confinement, shall be deemed guilty of a misdemeanor.

Concealing party

meanor.

$33. Any one having in his custody or under his power, any writer. person for whose relief a writ of habeas corpus shall have been duly sued, misde-issued pursuant to the provisions of this act, who with intent to elude the service of such writ, or to avoid the effect thereof, shall transfer such prisoner to the custody, or place him under the power or control of another, or conceal him, or change the place of his confinement, shall be deemed guilty of a misdemeanor.

Assisting to conceal.

Penalty for

S34. Every person who shall knowingly aid or assist in the violation of either of the two last preceding sections, shall be deemed guilty of a misdemeanor.

$35. Every person convicted of any offence under either of the concealing. four last sections, shall be punished by fine or imprisonment, or both, in the discretion of the court in which he shall be convicted; but such fine shall not exceed one thousand dollars, nor such imprisonment six months.

Warrant to

certain cases.

$36. Whenever it shall appear by satisfactory proof that any one 'is held in illegal confinement or custody, and that there is good reason to believe that he will be carried out of the territory, or suffer some irreparable injury before he can be relieved by the issuing of a habeas corpus, any officer authorized to issue such writs, may issue a warrant under his hand and seal, reciting the facts and directed to any sheriff, constable or other person, commanding such officer

or person to take such prisoner and forthwith to bring him before such officer to be dealt with according to law.

of prisoner.

$37. When the proof mentioned in the last section shall also be Warrant to sufficient to justify an arrest of the person having such prisoner in order arrest his custody, as for a criminal offence committed in the taking or detaining of such prisoner, the warrant shall also contain an order for the arrest of such person for such offence.

$38. Any officer or person to whom such warrant shall be direc- How executed, shall execute the same by bringing the prisoner therein named, ted. and the person who detains him, if so commanded by the warrant, before the officer issuing the same; and thereupon the person detaining such prisoner shall make a return in like manner, and the like proceedings shall be had as if a writ of habeas corpus had been issued in the first instance.

$39. If the person having such prisoner in his custody, shall be Person havbrought before such officer as for a criminal offence, he shall be ing prisoner examined, committed, bailed or discharged by such officer, in like with. manner as in other criminal cases of the like nature.

how dealt

copy of

$40. Any officer or other person refusing to deliver a copy of any Penalty for order, warrant, process or other authority by which he shall detain refusing any person, to any one who shall demand such copy, and tender warrant. the fees thereof, shall forfeit two hundred dollars to the person so detained.

S41. Every writ of habeas corpus may be made returnable at a Writ made day certain or forthwith, as the case may require.

returnable.

$42. Every such writ shall be endorsed with a certificate that How enthe same has been allowed, and with the date of such allowance, dorsed. which endorsement shall be signed by the officer allowing the writ.

whom and

cases.

$43. Writs of habeas corpus can only be served by an elector of writ, by some county within this territory; and the service thereof shall not how served, be deemed complete, unless the party serving the same shall tender in certain to the person in whose custody the prisoner may be, if such person be a sheriff, coroner, constable or marshal, the fees allowed by law for bringing up such prisoner; nor unless he shall also give bond to such sheriff, coroner, constable or marshal, as the case may be, in a penalty double the amount of the sum for which such prisoner may be detained, if he be detained for any specific sum of money, and if not, then in the penalty of one thousand dollars, conditioned that such person will pay the charges of carrying back such prisoner, if he shall be remanded, and that such prisoner will not escape by the way, either going to or returning from the place to which he is to be taken.

S44. Every writ of habeas corpus, issued pursuant to this act, How served. may be served by delivering the same to the person to whom it is directed; if he can not be found it may be served by being left at the jail, or other place in which the prisoner may be confined, with any under officer or other person of proper age, having charge for the time of such prisoner.

self.

S45. If the person on whom the writ ought to be served conceal Ib. when himself, or refuse admittance to the party attempting to serve the Ceals hiusame, it may be served by affixing the same in some conspicuous place on the outside, either of his dwelling-house or of the place where the party is confined.

Sheriff, &c. to obey writ.

Petitioner,

when to pay

charges of

prisoner.

$46. It shall be the duty of every sheriff, coroner, constable or marshal, upon whom a writ of habeas corpus shall be served, whether such writ be directed to him or not, upon payment or tender of the charges allowed by law, and the delivery or tender of the bond herein prescribed, to obey and return such writ, according to the exigen- · cy thereof; and it shall be the duty of every other person, upon whom such writ shall be served, having the custody of the individual for whose benefit the writ shall be issued, to obey and execute such writ according to the command thereof, without requiring any bond or the payment of any charges, unless the payment of such charges shall have been required by the officer issuing such writ.

$47. Every officer allowing a writ of habeas corpus, directed to any other than a sheriff, coroner, constable or marshal, may, in his bringing up discretion, require as a duty to be performed, in order to render the service thereof effectual, that the charges of bringing up such prisoner shall be paid by the petitioner; and in such case he shall, in the allowance of the writ, specify the amount of such charges, so to be paid, which shall not exceed the fees allowed by law to sheriffs for similar services.

When prisoner to be

$48. If the writ be returnable at a certain day, such return shall produced. be made, and such prisoner shall be produced, at the time and place specified therein; if it be returnable forthwith, and the place be within twenty miles of the place of service, such return shall be made, and such prisoner shall be produced, within twenty-four hours; and the like time shall be allowed for every additional twenty miles.

Provisions of common

gated.

$49. The provisions of the common law, in regard to the writ of labron habeas corpus, treated of in this act, are hereby abrogated, except so much and such parts thereof as may be necessary to carry into full effect the provisions herein contained; and the authority of courts and officers to award such writ, or to proceed thereon by the common law, shall be exercised in conformity to the provisions of this act, in all cases therein provided for.

Act not to. restrain courts issuing writs.

Party to make out record.

What record

$50. Nothing contained in this act shall be construed to restrain the power of any court to issue a writ of habeas corpus, when necessary to bring before them any prisoner for trial, in any criminal case lawfully pending in the same court; or to bring in any prisoner to be examined as a witness, in any suit or proceeding, civil or criminal, pending in such court, when they shall think the personal attendance and examination of the witness necessary for the attainment of justice.

AN ACT concerning judgments and executions.

S1. Whenever a party shall obtain a judgment, he, his agent or attorney shall make out a judgment record thereof, which shall be filed with the clerk of the court in which the same was obtained.

$2. Such judgment record shall consist of all the pleadings in the to consist of. cause, the verdict, if there was any, and the final judgment of the court, and shall be signed, either by a judge of the district court or supreme court commissioner.

Plaintiff not

to be nonsuited.

$3. When a verdict shall have been rendered in any action, the plaintiff shall not thereafter be nonsuited, but judgment shall be rendered upon the matter found by such verdict.

not set aside.

$4. No judgment, in any court of record, shall be set aside for Judgment irregularity, on motion, unless such motion be made within one year after the time such judgment was rendered.

charge upon

$5. All judgments hereafter rendered, in any court of record, shall To be a bind, and be a charge upon the lands, tenements, real estate and lands, &c. chattels real, in every county where the record, or [a] certified transcript thereof shall be filed, of every person against whom any such judgment shall be rendered, which such person may have in such counties, at the time of docketing such judgments, or which such person shall acquire at any time thereafter; and such estate and chattels real shall be subject to be sold upon execution, to be issued on such judgment.

years.

$6. From and after ten years from the time of docketing every To cease such judgment, it shall cease to bind or be a charge upon any such after ten property, as against purchasers in good faith, and as against encumbrances subsequent to such judgment, by mortgage, judgment, decree or otherwise.

not reckon.

S7. The time during which the party recovering such judgment what time shall be restrained from proceeding thereon, by any injunction of any part of court, or by the operation of any writ of error, shall not constitute any ten years. part of the ten years in the last section specified; but to entitle any party to such deduction, he shall, within ten years from the docketing of the judgment, file with each clerk of the court in which such judgment record, or a transcript thereof, was filed, a notice, specifying the injunction or writ of error, by which proceedings on such judgment shall have been restrained, and the time of service thereof; and if such restraint shall have ceased, such party shall specify the duration thereof.

1

to enter on

$8. The clerk with whom such notice shall be filed shall enter in What clerk the margin of the docket of such judgment, a minute stating that docket. an injunction or writ of error, as the case may be, has been issued relating to such judgment.

when not to

tate.

9. In all cases in which a record of judgment shall be filed and Judgment docketed within one year after the death of the party against whom bind real essuch judgment was obtained, a suggestion of such death, if it hap-' pened before judgment rendered, shall be entered on the record, and if after judgment rendered, the fact shall be certified on the back of such record by the attorney filing the same; such judgment shall not bind the real estate which such party shall have had at the time of his death, but shall be considered as a debt to be paid in the usual course of adminstration.

record of

10. If a verdict has been rendered before the death of such par- When filing ty upon which proceedings shall be stayed by bill of exceptions, or judgment by any order of the court or any officer thereof, the court may au- authorized. thorize the filing and docketing a record of judgment within one year after the death of such party, subject to the power of the court to vacate the same.

ing stated.

$11. The day and year of signing any record of judgment shall Time of signbe stated in the margin thereof by the judge or other officer signing the same.

entered on

$12. Judgments may be entered in the supreme court or in any Judgment district court in vacation, or in term upon a plea of confession signed plea of conby an attorney of such court, although there be no suit then pen- fession, &c.