SECTION SIXTH.

General Provisions.

ART. 46. No person shall be discharged under the provisions of this chapter, who is in custody on a commitment for any offence, exclusively cognizable by the courts of the United States, or by order, execution, or process, issuing out of such courts, in cases where they have jurisdiction, or who is held by virtue of any legal engagement, or inlistment in the army, or who being subject to the rules and articles of war, is confined by any one, legally acting under the authority thereof, or who is held as prisoner of war, under the authority of the United States.

ART. 47. There is no other writ of habeas corpus known in the law of this state, but that described and provided for in this chapter-courts having occasion to direct the production of prisoners before them, either to prosecute, to give testimony, or for any other purposes than that of examining into the cause of their imprisonment, may command the production of such prisoners by an order of court, entered on their minutes, and certified to the officer having charge of such prisoner.

SECTION SEVENTH.

Penalties for the Breaches of the Duties enjoined by this Chapter.

ART. 48. Any judge empowered by this chapter to issue writs of habeas corpus, who shall refuse to issue such writ, when legally applied to, in a case where such writ may lawfully issue, or who shall unreasonably delay the issuing of such writ, or who in cases where such writ is allowed to issue, without any proof, shall WILFULLY omit to issue, or wilfully and unreasonably delay the issuing such writ, shall for every offence forfeit the sum of two thousand dollars.

ART. 49. Any judge so authorised, who shall refuse, or wilfully omit to perform, any other of the duties imposed on him by this chapter, or shall unreasonably delay the performance thereof, by which refusal, omission, or negligence, any illegal imprisonment is caused, or prolonged, shall forfeit one thousand dollars.

ART. 50. Any executive officer of justice to whom a writ of habeas corpus, or any other warrant, writ, or order, authorised by this chapter, shall be directed, delivered, or tendered; who shall refuse, or neglect to serve, or execute the same, as by this chapter is directed, or who shall unreasonably delay the service or execution thereof, shall forfeit one thousand dollars.

ART. 51. Any one having the person in his custody, or under his restraint, power, or control, for whose relief a writ of habeas corpus is issued, who, with intent to avoid the effect of such writ, shall transfer such person to the custody, or place him under the power or control of another, or shall conceal him, or change the place of his confinement, with intent to avoid the operation of such writ, or with intent to remove him out of the state, shall forfeit two thousand dollars, and may be imprisoned at hard labour, not less than one, nor more than five years.

ART. 52. In a prosecution for any penalty incurred, under the last preceding article, it shall not be necessary to shew that the writ of habeas corpus had issued at the time of the removal, transfer, or concealment therein mentioned, if it be proved that the acts therein forbidden, were done with the intent to avoid the operation of such writ.

ART. 53. Any one having the person for whose relief a writ of habeas corpus is issued, in his custody, or under his power or control, who (without being guilty of any of the acts made punishable by the last preceding article) shall, after being legally served with such writ, neglect or refuse to produce such person, in cases where, by the provisions of this chapter, he is bound to produce him, shall forfeit one thousand dollars.

ART. 54. Any person to whom a writ of habeas corpus is directed, and on whom it is duly served, who shall neglect or refuse to make return thereto, in the manner directed by the section of this

chapter, shall forfeit five hundred dollars, even if he have not the party whom it is intended to relieve in his custody, or under his power or control.

ART. 55. Any sheriff or his deputy, any gaoler or coroner, having custody of any prisoner committed on any civil or criminal process of any court or magistrate, who shall neglect to give such prisoner a copy of the process, order, or commitment, by virtue of which he is imprisoned, within three hours after demand, shall forfeit five hundred dollars.

ART. 56. Any magistrate, who, on receiving notice of the issuing of a habeas corpus for any person committed by him for any offence, shall neglect to attend at the return of the habeas corpus, in the manner directed by the 39th article of this chapter, shall forfeit three hundred dollars--unless, before receiving such notice, he shall have returned the papers relative to such commitment, to the clerk of the court, having cognizance of the cause.

ART. 57. Any person who knowing that another has been discharged by order of a competent judge, on an habeas corpus, shall, contrary to the provisions of this chapter, arrest or detain him again for the same cause, which was shewn on the return of such writ, shall forfeit five hundred dollars for the first, and one thousand five hundred dollars for a second offence.

ART. 58. Any able-bodied male inhabitant of this state, above the age of 18 and under 50 years of age, who shall, when legally called on for that purpose, refuse to aid a magistrate, executive officer of justice, or other person, legally authorised

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to serve or execute any writ, commitment, or order, issued by virtue of this chapter, in the service or execution of such writ, warrant, or order, shall forfeit fifty dollars.

ART. 59. All the pecuniary forfeitures incurred under this section shall enure to the use of the party for whose benefit the writ of habeas corpus issued, and shall be sued for and recovered, with costs, by the attorney-general, or district attorney, in the name of the state, by information, and the amount when recovered shall, without any deduction, be paid to the party entitled thereto.

ART. 60. The recovery of the said penalties shall. be no bar to a civil suit for damages, or to a criminal prosecution, for such of the said acts or omissions, as may in the third book of this code, be declared to be an offence.

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