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$ 278. The party brought before such court or officer on the return of a writ of deliverance, may deny any of the material facts set forth in the return, or allege any fact, to show, either that his imprisonment or restraint is unlawful, or that he is entitled to his discharge; which allegations or denials shall be on oath : and, thereupon, the court or judge 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 the party, as the justice of the case may require.

erance, such

§ 279. Whenever, from the sickness or infirmity of the person directed to be produced by a writ of deliv

person cannot, without danger, be brought before the court or judge, before whom the writ is made returnable, the party in whose custody he is, may state that fact in his return to the writ, verifying the same by his oath ; and if the court or judge be satisfied of the truth of the allegation, and the return be otherwise sufficient, the court or officer shall proceed to decide on such return, and to dispose of the matter in the same manner, as if the party had been produced.

§ 280. Whenever an application shall be made for a wiit of deliverance, according to the provisions of this chapter, if it appear, upon the face of the app'ication, that the cause, or offence, for which the person is imprisoned or restrained, is not bailable, the court or

judge may dispense with the production of the party, though such production be asked, and issue the writ accordingly.

§ 281. If it appear, that the party detained is illegally imprisoned or restrained of his liberty, the court or judge shall give judgment that he be forth with discharged: but if it appear that such party is legally imprisoned or restrained, such court or judge shall cease from all further proceedings therein.

282. Nothwithstanding that the writ of deliverance be issued, without requiring the production of the body, the court or judge before whom the same was returnable, may, before final decision, issue a new writ, requiring the production of the body before the same court or judge.

§ 283. Obedience to a judgment or order, for the discharge of a prisoner or person restrained of his liberty, pursuant to the provisions of this article, may be enforced by the court or judge, by attachment, in the same manner, and with the same effect, as for a neglect to make return to a writ of deliverance; and the person found guilty of such disobedience, shall forfeit to the party aggrieved, one thousand two hundred and fifty dollars, in addition to any special damages which such party may have sustained.

$ 284. No sheriff or other officer shall be liable to any civil action, for obeying such writ or order of discharge.

§ 285. No person who has been discharged by a court or officer, upon a writ of deliverance, issued pursuant to the provisions of this chapter, shall be again imprisoned, restrained, or kept in custody, for the same cause; but it shall not be deemed the same cause,

1. 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,

2. If, after a discharge for defect of proof, or for a 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 · ffence: or

3. If, in a civil action, the party have been discharged for any illegality in the judgment or process, herein before specified, and be afterwards imprisoned by legal authority, for the same cause of action: or,

4. If, in a civil action, he shall have been discharged from commitment, on an order of arrest, and shall be afterwards committed, on execution, in the same action, or on an order of arrest, in another action, after such first action shall have been discontinued.

286. If any person, either solely or as a member of a court, or in the execution of a judgment, order, or process, shall knowingly re-commit, imprison, or restrain of his liberty, or cause to be re-committed, 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 aggrieved one thousand two hundred and fifty dollars, and shall also be deemed guilty of a misdemeanor.

§ 287. Any one, having in his custody or power, or under his restraint, any party, who, by the provisions of this chapter, would be entitled to a writ of deliverance, or for whose relief a writ of deliverance shall have been issued, who shall, with intent to elude the service of such writ, or to avoid the effect thereof, transfer the party to the custody, or place him under the power or control of another, or conceal or change the place of his confinement, shall be deemed guilty of a misdemeanor.

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

$ 289. Every person, convicted of an offence under either of the last four sections, shall be punished by fine and 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.

Whenever it shall appear, by satisfactory proof, that any one is held in illegal confinement or custody, and that there is reason to believe, that he will be carried out of the state, or suffer some irreparable injury before he can be relieved, by the issuing of a writ of deliverance, any court or judge authorised to issue such writ may issue a warrant under his hand, directed to any sheriff, constable or other person, reciting the facts, and commanding such officer or person to take the party and forth with to bring him before such court or judge, to be dealt with according to law.

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

§ 291. Any officer or person to whom such warrant shall be directed, shall execute the same, by bringing the prisoner therein named, and the person who detains him, if so commanded by the warrant, before the court or judge issuing the same, and thereupon the person, detaining such party, shall make a return in like manner, and the like proceedings shall be had, as if a writ of deliverance had been issued in the first instance.

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