§ 292. If the person having the party in his custody shall be brought before the court or judge, as for a criminal offence, he shall be examined, committed, bailed or discharged, by such court or judge in like manner as in other criminal cases of the like nature.

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

§ 294. The provisions of the common law, in regard to the writ of habeas corpus, or deliverance, treated of in this chapter, are hereby abrogated, except so much and such parts therof 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 chapter, in all cases therein provided for.

§ 295. All writs of deliverance or discharge, issued pursuant to the provisions of this chapter, shall be under the seal of the supreme court.

§ 296. Every such writ may be made returnable at a ertain time, or forthwith, as the case may require.

§ 297. Every such writ shall be endorsed with a certificate, that the same has been allowed, and with the date of such allowance, which endorsement shall be signed by the judge.

§ 298. Whenever a writ of deliverance shall be required, in any action or matter, civil or criminal, to which the people of this state shall be a party, the application there for may be made by the attorney-general, or the district-attorney having charge of such action or matter, and whenever so issued, the court or judge allowing it, shall state in the endorsement of the allowance of such writ, that it was issued on such application.

§ 299. Writs of deliverance must be served by an elector of this state, and the service thereof shall not be deemed complete, unless the person, serving the same, shall tender 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 the party, 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 the party is detained, if he is 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 the party. if he shall be remanded, and that such party shall not

escape by the way, either in going to or returning from the place to which he is to be taken.

§ 300. The last section shall not apply to a case where the writ is sued out by the attorney-general, or by the district attorney.

§ 301. The writ of deliverance may be served, by delivering the same to the person to whom it is directed. If he cannot be found, it may be served by leaving it at the jail, or other place, in which the party imprisoned or restrained of his liberty may be confined, with any under officer or other person of proper age, having charge for the time, of such prisoner.

§ 302. If the person on whom the writ ought to be served, conceal himself, or refuse admittance to the person attempting to serve the same, it may be served by affixing it or a copy thereof, in some conspicuous place on the outside, either of his dwelling house, or of the place where the party is confined.

§ 303. It shall be the duty of every sheriff, coroner, constable or marshal, upon whom a writ of deliverance 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 snch writ, according to the exigency 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 return 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 judge issuing the writ.

§ 304. Every judge, allowing a writ of deliverance directed to a person other than a sheriff, coroner, constable or marshal, may, in his 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 applicant; and in such case he shall, in the allowance of the writ, specify the amount of such charges, which shall not exceed the fees allowed by law to sheriffs for similar services.

$305. If the writ be returnable at a certain time, such return shall be made, and the party 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, the return shall be made and the prisoner shall be produced within twenty-four hours, and the same time shall be allowed for every additional twenty miles.

§ 306. No question once finally adjudged upon a writ of deliverance, shall be re-examined upon a subsequent writ of deliverance.

CHAPTER V.

Appeals.

§ 307. From an order of the supreme court, or a judge thereof, refusing a state writ, an appeal may be taken to the general term of the supreme court. For that purpose, if the order have been made by a judge out of court, it must be first entered with the clerk.

§ 308. From the judgment or final order, after the allowance of a state writ, an appeal may be taken to the general term of the supreme court.

§ 309. The appeal, mentioned in the last two sections must be made by the service of a notice in writing on the adverse party, and on the clerk with whom the judgment or order appealed from is entered, stating the appeal from the same or some specified part thereof.

§310. Upon the appeal being perfected, the clerk, with whom the notice of appeal is entered, shall, at the ex-. pense of the appellant, forthwith transmit to the appellate court, a certified copy of the notice of appeal, and of the judgment or order appealed from, with all papers relating thereto.

§ 311. Upon an appeal from a judgment or final order, the appellate court may review any intermediate order, involving the merits, and necssarily affecting the judgment or final order.