BOOK FOURTH.

CHAPTER TENTH.

OF THE WRIT OF HABEAS CORPUS.

SECTION FIRST.

Definition and Form of this Writ.

ART. 1. A writ of habeas corpus is an order in writing, issued in the name of the state, by a judge or court of competent jurisdiction, directed to any one having a person in his CUSTODY, or under his RESTRAINT, commanding him to produce such person at a certain time and place, and to state the reason why he is held in custody, or under

restraint.

ART. 2. The writ of habeas corpus is to be, as nearly as circumstances will permit, in the following form, to wit:

The state of Louisiana to A. B. You are commanded to have C. D. in your custody, as is said, detained, or under your restraint, kept, before E. F. judge of (describing the office of the magistrate issuing the writ, or if issued by a court, inserting the STYLE of such court) on the day of

at

o'clock, in the forenoon or afternoon (as the

case may be) of the same day, at (naming the place) and that you then and there state in writing, the cause of detaining the said person, and produce your authority for so doing, and hereof you are not to fail under the heavy penalties denounced by law against those who disobey this writ. E. F. judge, &c. or G. H. clerk of the court of, &c.

ART. 3. The writ of habeas corpus (if issued by a judge) must be signed by him, or (if issued by a court) must be signed by the clerk, and sealed with the seal of such court.

ART. 4. The proceedings under this writ are considered as the most effectual safeguard of personal liberty against public or private attempts to invade it. It is therefore declared, that in all cases where there may be any doubt on the construction of any provision in this chapter, that construction must be given which is most favourable to the person applying for relief under it, and which will give the most extensive operation in all cases, to the remedies hereby provided against illegal restraint.

ART. 5. The writ of habeas corpus is not to be disobeyed for any defect of form. It is sufficient; 1st. If the person to whom it is directed, be designated, either by the STYLE of his office (if he have any) or by such other appellation or description, as may make it understood by one of common understanding, that he is the person intended, and any one who may be served with this writ, who has, in fact, the CUSTODY of the person directed to be produced, or who exercises a RESTRAINT over him, cannot avoid obedience thereto, although the writ

may be directed to him by a wrong name, a false description, or even although it be directed to another. 2nd. It is sufficient if the person who is directed to be produced, be designated by name, or if the name be unknown or uncertain, if he be described in any other way so as to make it understood by one of common understanding, who is the person intended. 3rd. The name and office of the judge, or the STYLE of the court issuing the writ, must be either stated in the body of the writ, or by the signature thereof, so as to show sufficiently the authority for issuing the same. If the time of making the return should be omitted, the writ is to be obeyed without delay; if no place be inserted, it must be obeyed, by making the return at the dwelling of the judge, or the usual place of holding the sessions of the court, whichever issued the same.

ART. 6. The insertion of words in the writ, other than those contained in the above given form, or the omission of any which are inserted in such form, shall not vitiate the writ, provided the substantial parts enumerated in the preceding article are preserved.

SECTION SECOND.

Who has authority to issue writs of Habeas Corpus, and in what case, and how they are to be applied for.

ART. 7. The district courts, and the criminal court, as now established, and all other courts

which may hereafter be established, having jurisdiction in civil causes, to the amount of more than three hundred dollars, or of criminal cases where the punishment is more than one year's imprisonment at hard labour; and the judges of such courts have power to issue writs of habeas corpus, directed to any person within their respective districts.

ART. 8. When the judge of any district is absent, interested, or incapable, from whatever cause, of acting, and there is no judge of a criminal court in such district, a writ of habeas corpus may be issued by a judge of competent authority, in any of the adjoining districts-provided, the absence, interest, or inability of the judge of the district, where the illegal imprisonment is said to exist, be made to appear by the oath of the party applying, or other sufficient evidence.

ART. 9. The writ of habeas corpus may be obtained by petition addressed to any court or judge, having authority to grant the same-signed either by the party, for whose relief it is intended, or any other person on his behalf. The petition must

state in substance :

1. That the party is illegally imprisoned or restrained in his liberty, and by whom, naming both parties-if their names are known, or designating or describing them, if they are not.

2. If the confinement or restraint is by virtue, or under colour of any judicial writ, order, or process, a copy thereof must be annexed, or it must be averred that such copy has been demanded and refused.

3. If the confinement or restraint be by virtue of judicial process, regular in form, but illegally ob tained or executed, it must be set forth in what the illegality consists.

4. If the confinement or restraint be not by virtue of any judicial process, then the petitioner need only state that the party is illegally confined or restrained.

5. The petition must contain a prayer for the writ of habeas corpus.

6. It must be sworn to be true, at least according to the belief of the person making the application.

ART. 10. Any court or judge empowered to grant writs of habeas corpus, on receiving such petition, shall, without delay, grant the same; unless it appear from the petition itself, or from documents annexed, that the party can neither be discharged nor admitted to bail, nor in any other manner relieved.

ART. 11. A writ of habeas corpus is granted in court by the signature of the clerk, and affixing the seal of the court to the writ. It is granted by the judge, by his signature only.

ART. 12. Whenever the court or judge, duly authorised, shall know, or have reason to believe, that any one, in the district of such judge or court, is illegally confined or restrained in his liberty, they shall issue a writ of habeas corpus, for his relief, although no petition be presented, or application made for such writ.

ART. 13. Whenever it shall appear, by the oath of a credible witness, or other satisfactory evidence,