nexing the order or execution, by virtue of which the party is detained. Provided always: that for any special cause for which relief may legally be granted, either set forth in the affidavit, on which the writ of habeas corpus is issued, or appearing on the return, the judge may order the prisoner to be brought up, notwithstanding such final judgment, sentence, or decree, and may proceed to give the relief to which the party is entitled.

ART. 27. The return to a writ of habeas corpus, must be made within twelve hours after the service, or sooner, if required by the writ, if the party to be relieved by it is within twelve miles of the place of return. If he be at a greater distance, then he must make the return, allowing one day for every twenty miles distance, which the party must travel, in order to make the return, and in proportion for a greater or less distance.

SECTION FOURTH.

The Mode of Enforcing a Return.

ART. 28. When it appears to the court or judge, issuing the writ, that it has been duly served, if the person intended to be relieved, is not produced at the time, which is required by the provisions of this chapter, the judge who issued the writ, or, if issued by a court, the said court, or any judge thereof, shall make a warrant directed to any executive offi

cer of justice, or other person willing to execute the same, commanding him to take the person who has disobeyed the writ into custody, and to bring him before the judge or court which issued the warrant, to be dealt with according to law; and if, on being brought before the court or judge, he shall refuse to return the writ, or does not produce the person he was ordered to bring up, in the cases wherein he is by the provisions of this chapter obliged to produce him, he shall be committed to prison, and remain there until the effect of the writ shall be produced, and until he shall pay all the costs of the procedure, and shall moreover be liable to the penalties imposed by law, for disobedience to the said writ, and for any other offences against personal liberty, of which he may have been guilty, in the imprisonment or detention complained of.

ART. 29. In the case provided for by the last preceding article, the person intended to be relieved by the writ of habeas corpus, must be brought up in the manner directed by the 13th article of this section.

ART. 30. Whenever, from the sickness or infirmity of the person directed to be produced, he cannot, without danger of his life, be brought before the judge, the party in whose custody he is, may state that fact in the return of the writ; and if it be made to appear, by the certificate of a physician regularly admitted to practice, and the testimony of two other witnesses, and the signature of the party intended to be relieved, if he can write; then, if the judge be satisfied of the truth of the

allegation, and if the return be otherwise sufficient, it shall be good without the production of the person, and the judge may either go to the place where the prisoner is confined, if he think justice requires it, or he may proceed, when he is satisfied with the truth of the allegation, as in other cases, to decide on the return.

ART. 31. The death of the prisoner, or any other INEVITABLE ACCIDENT, or SUPERIOR FORCE, will be a good return to excuse the production of the prisoner; provided proof of such fact be given to the perfect satisfaction of the court or judge issuing the writ; but this, as well as any other matter alleged in any return, may be contested in the manner hereinafter mentioned.

ART. 32. When any one shall die, while under imprisonment, it shall be the duty of the person in whose custody he was at the time of his death, without any delay, to give notice thereof to the coroner of the parish, or, in case of his absence or inability to attend, to a justice of the peace, who shall summon a jury of householders in the said parish, to consist of not less than nine, nor more than thirteen, who shall view the body, and, being first duly sworn, shall inquire into the manner in which the person came by his death; and the said jury shall, in all cases, cause the body to be inspected by a surgeon or physician duly admitted, and examine him, as well as all other persons they may call as witnesses, upon oath; and the coroner or justice shall have power to summon witnesses, and if they do not appear, compel their attendance

by warrant. And the said jury, or a majority of them, shall make and sign an inquest or certificate, stating that they have examined witnesses, and are satisfied that the body produced to them is that of such a person (naming him) and setting forth the manner in which he came by his death, which inquest shall be left with the person who had the custody of the deceased at the time of his death, unless it shall appear by the said inquest, that the death of such prisoner was caused by a crime; in which case the coroner or justice shall send the inquest to the court having cognizance of the crime, and shall immediately issue a warrant for the arrest and commitment of the party, who shall appear by such inquest to be guilty. And whereever the death of a prisoner is returned as a reason for not producing him in the return of a habeas corpus, the inquest proving such death, must be annexed to the return.

SECTION FIFTH

Of the Proceedings on the Return.

ART. 33. The judge or court before whom a person is brought on a habeas corpus, shall examine the return and the papers, if any, referred to in it, and if no legal cause be shewn for the imprisonment or restraint; or if it appear, although legally committed, he has not been prosecuted, tried, or

sentenced, within the periods for those purposes respectively limited by the chapter of this book, or that for any other cause the imprisonment or restraint cannot legally be continued, he shall discharge him from the custody or restraint under which he is held.

ART. 34. If it appear that the party has been legally committed for an offence, BAILABLE of RIGHT, or if he appear by the testimony offered with the return, to be guilty of such an offence, although the commitment be irregular, or there be no commitment, he shall bail the prisoner, if good bail be offered.

ART. 35. In cases which are NOT BAILABLE of RIGHT, the judge has a discretion, the exercise of which involves a high responsibility. It must, of necessity, be left to his sagacity and prudence to distinguish between those presumptions, which leave a strong probability of guilt, and those which are too slight to justify imprisonment, previous to the trial. In the latter case only of presumptions, which are not strong, he may admit to bail. This discretion, however, cannot be exercised at all,1st. Where the crime has been freely confessed before a magistrate. 2nd. Where it is positively and directly charged by the oath of a credible witness present at the act. 3rd. Where an indictment has been found, charging the prisoner with an offence NOT BAILABLE of RIGHT.

ART. 36. If the party be not entitled to his discharge, and cannot be bailed, the judge must remand him to the custody, or place him again