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lawful, yet by some subsequent act, omission, or event, the party has become entitled to his discharge:

3. Where the order or process is defective in some matter of substance required by law, rendering it void:

4. Where the order or process, though in proper form, has been issued in a case not allowed by law :

5. Where the person, having the custody of the prisoner under such order or process, is not the person empowered by law to detain him; or

6. Where the order or process is not authorised by a judgment, or order of a court, or by any provision

of law.

§ 1326. But no court or judge, on the return of a writ of deliverance, has power to inquire into the legality or justice of any order, judgment, or process, specified in section 1308, nor into the justice or propriety of any commitment for a contempt, made by a court, officer, or body, according to law, and charged in such commitment, as provided in this code.

§ 1327. If it appear, that the party has been legally committed for a criminal offence, or if he appear by the testimony offered with the return, or upon the hearing thereof, to be guilty of such an offence, al

though the commitment be irregular, he may be forthwith remanded to the custody, or placed under the restraint, from which he was taken, if the person under whose custody cr restraint he was, be legally entitled thereto; if not so entitled, he must be committed, to the custody of the officer or person so entitled.

§ 1328. Until judgment be given upon the return, the party may be either committed to the custody of the sheriff of the county or placed in such care or under such custody, as his age and other circumstances may require.

§ 1329. When it appears from the return to the writ, that the party is in custody on an order or process, under which another person has an interest in continuing his imprisonment, or restraint, no order can be made for his discharge, until the party so interested, or his attorney, has had the same notice of the return. as is required to be given of motions in the supreme

court.

§ 1330. When it appears from the return, that the party is detained upon a criminal accusation, the court or judge can make no order for his discharge until sufficient notice of the return is given to the district attorney of the county, where the party is detained.

§ 1331. The party produced, on the return of a writ of deliverance, may deny any of the material facts set forth in the return, or may allege any fact, to show, either that his imprisonment or restraint is unlawful, or that he is entitled to his discharge; which allegation or denial must be on oath; and, thereupon, the court or judge must proceed in a summary way, to hear such evidence as may be produced, in support of the imprisonment or detention, or against the same, and to dispose of the party, as the justice of the case may require.

1332. Whenever, from the sickness or infirmity of the party, he cannot, without danger, be produced, the person in whose custody he is, may state that fact in his return to the writ, verifying the same by his oath; and if satisfied of the truth of the allegation, and the return be otherwise sufficient, the court or judge must proceed to decide on the return, and to dispose of the matter in the same manner, as if the party had been produced.

§ 1333. Whenever an application is made for a writ of deliverance, according to the provisions of this chapter, if it appear, upon the face of the application, that the cause, or offence, for which the person is imprisoned or restrained, is not bailable, the production of the party, may be dispensed with though such

production be asked, and the writ be issued accordingly.

§ 1334. If it appear, that the party detained is illegally imprisoned or restrained of his liberty, judgment must be given that he be forthwith discharged: otherwise the application must be dismissed.

§ 1335. Notwithstanding the issuing of the writ of deliverance without requiring the production of the person, the court or judge before whom the same was returnable, may, before final decision, issue a new writ, requiring the production of the person.

§ 1336. Obedience to a judgment, for the discharge of a person restrained of his liberty, pursuant to the provisions of this chapter may be enforced by the court or judge, by proceedings for a contempt, 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 dollars, in addition to any special damages which he may have sustained.

§ 1337. No sheriff or other officer is liable to a civil action, for obeying such judgment of discharge.

§ 1338. No person, who has been discharged, upon a writ of deliverance, pursuant to the provisions of this chapter, can be again imprisoned, restrained, or kept in custody, for the same cause; but it is not to be deemed the same cause,

1. If he 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 is bound, by recognizance or undertaking, to appear, or in which he is indicted or convicted for the same offence: or,

2. If, after a discharge for a defect of evidence, or for a material defect in the commitment, in a criminal case, the party be again arrested, on sufficient evidence, and committed by legal process, for the same offence: 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 have been discharged from commitment on an order of arrest, and be afterwards committed on execution, in the same action, or on an order of arrest in another action, after such first action has been dismissed.

§ 1339. If any person, either solely or as a member of a court, in the execution of a judgment, order, or process, knowingly recommit, imprison, or restrain of his

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