OF COSTS IN CIVIL ACTIONS-OFFICIAL NOTICES. CHAPTER 114.

CHAPTER 193, Vol. 15, LAWS OF DELAWARE.

AN ACT IN RELATION TO POSTING NOTICES AT THE COURT HOUSE

DOOR IN KENT COUNTY.

SECTION 1. That in all cases in which notices are now required by law to be posted Place of posting at the Court House door in Kent county, shall hereafter be posted on the bulletin notices changed, board, in the county building in Kent county, and not at the Court House door afore

said.

Passed at Dover, March 10, 1875.

All persons

HABEAS CORPUS. CHAPTER 115,

TITLE SEVENTEENTH.

OF PROCEEDINGS IN SPECIAL CASES.

CHAPTER 115. Habeas Corpus.

CHAPTER 116. Of arbitration and awards.

CHAPTER 117. Of recognizances and bonds and proceedings thereon.

CHAPTER 118. Of suits for legacies.

CHAPTER 119. Of ejectment.

CHAPTER 120. Of landlord and tenant.

CHAPTER 121. Of insolvency.

Chap. 187, vol. 15.

SECTION 1. Every person imprisoned,or restrained of his liberty entitled to this by any officer, or person, for any cause, or under any color or pretense, shall have remedy by the writ of habeas corpus, and may obtain relief, except

writ, except

Those properly

First, Persons committed, or detained, on a charge of treason, or committed for felony, the species whereof is plainly and fully set forth in the commitment;

treason or felony.

Fugitives from

States.

Second, Persons convicted of, or charged with treason, felony, or justice of other any offence in another State, who ought, by the constitution of the United States, to be delivered to the executive of such State; and Third, Persons imprisoned by the authority of the United States. SEC. 2. The writ of habeas corpus shall be awarded and issued Writ to be issued by the Superior Court in term, or by any judge of that court, or by the chancellor, in vacation.

Or imprisoned

by United States.

by court or

judge.

How applied

for.

Copy of commitment.

SEC. 3. Application for such writ may be made by the party complaining, or any one for him, setting forth, upon oath, where, and by whom, and for what cause, to the best of his knowledge, he is imprisoned, or restrained of his liberty, and exhibiting a copy of the commitment, if there be any, or showing why such copy could not be procured.

HABEAS CORPUS. CHAPTER 115.

without delay.

SEC. 4. The court, or judge, to whom such application is made, Writ to be issued shall, without delay, under penalty of a thousand dollars to the party aggrieved, award and issue a writ of habeas corpus under seal of the court, directed to the officer, or person, in whose custody the How directed. prisoner is detained, returnable forthwith before such court, or judge. The writ may be served by any one who will do the service.

By whom served.

SEC. 5. When the writ is served on the person to whom it is di- How served. rected, either personally, or being left with any deputy, or agent of his at the place where the prisoner is detained, such person shall, without delay and within three days thereafter, if such place be not more than twenty miles from the place of return, and, if otherwise, Return; when within six days, make return of the writ, and produce the body of to be made. the prisoner as therein commanded; and shall fully certify in writ-produced. ing and under oath, the true cause, or causes, of his detainer, and a Return under copy of all process under which he is detained.

Body to be

oath.

amended.

The return may be contradicted, and may also be amended. May be conSEC. 6. The court, or judge, shall, upon such return, without de-tradicted or lay, proceed to examine the causes of imprisonment, or restraint, Hearing. giving notice to any party interested, and to the attorney general, Notice. or his deputy, in cases of felony; but the examination may be ad- Adjournment, journed, if necessary, and the prisoner detained.

SEC. 7. If no legal cause be shown for the imprisonment, or Discharge, restraint, the court, or judge, shall discharge the party therefrom. SEC. 8. If the party is detained for any cause, or offence, for On bail. which he is bailable, he shall be discharged on becoming bound by recognizance, in a proper sum and with sufficient surety, for his appearance at the court having cognizance of the matter; and if he do not give such security, he shall be remanded with an order there- Remanded. for expressing the sum in which he shall be held to bail, and the Bail may be court at which he shall be required to appear; and any justice of ta the peace may, at any time before the sitting of the said court, bail the party pursuant to such orders.

taken by justice of the peace.

bail.

SEC. 9. If the party is committed on mesne process in a civil Reduction of action for want of bail, and it shall appear that the sum required is excessive, the court, or judge, shall decide what bail is reasonable, and shall order that, on giving such bail, the party shall be discharged.

SEC. 10. If the party is lawfully imprisoned, or restrained, and When finally is not eutitled to be enlarged on giving bail, he shall be remanded, remanded, or otherwise properly committed.

not giving copy

SEC. 11. If any officer, or his deputy, shall neglect, for six Penalty for hours after demand, to deliver a true copy of any warrant, or pro- of commitment. cess, by which he detains a prisoner to any person who shall demand such copy, and tender a reasonable sum for copying the same, such officer, or deputy, shall forfeit and pay to such prisoner two hundred dollars.

SEC. 12. If any officer, or person, to whom the writ of habeas Penalty for

HABEAS CORPUS, CHAPTER 115.

writ of habeas

corpus.

disobeying the corpus shall be directed, or any deputy of such officer, or agent of such person, shall neglect to return the writ, and produce the body as required by section 5, it shall be a contempt of the court under whose seal the writ issued, and a forfeiture of office: and such officer, or person, deputy, or agent, shall forfeit and pay to the prisoner five hundred dollars.

Chap. 222,vol.17.

Person dis

charged not to be again arrested

[Where the writ of habeas corpus is made returnable before the chancellor or any judge of the Superior Court in vacation, such contempt shall be punishable by the chancellor or such judge by both fine and imprisonment, or either, in his discretion; and the chancellor or such judge shall have power, by attachment for contempt, to compel the production before him of the body of the person imprisoned or restrained of his liberty.]

SEC. 13. No person who has been discharged on a habeas corpus shall be again imprisoned, or restrained, for the same cause, unless for same cause. he shall be indicted therefor, or convicted thereof, or committed for want of bail by some court having jurisdiction of the cause; or unless, after a discharge for defect of proof, or for some material defect in the commitment in a criminal case, he shall be again arrested on sufficient proof, and committed by legal process for the same offence.

Not to be discharged for

defect in commitment.

Accused to be properly committed.

Costs; how paid.

Penalty for attempting to evade the writ

of habeas corpus.

Party committed

the next term,

to be bailed,

unless, &c.

SEC. 14. But no person shall be discharged for a mere defect in the commitment, if the evidence before the court, or judge, is sufficient to require that he should be committed, or bound for his appearance.

In such case the committing magistrate shall be summoned, proper witnesses examined, and the accused committed properly.

SEC. 15. The costs in any proceeding under this chapter, may be ordered to be paid by the county, or otherwise; but if the commitment be insufficient, the justice, or officer, who made it, shall have no compensation for attendance.

SEC. 16. If any one who has in his custody, or under his power, any person entitled to a writ of habeas corpus, whether any writ has been issued or not, shall, with intent to elude the service of such writ, or to avoid the effect thereof, transfer such prisoner to the custody, or place him under the power, or control, of any other person, or conceal him, or change the place of his confinement, the person, so offending, shall forfeit and pay to the party aggrieved thirty-six hundred dollars.

SEC. 17. If any person shall be committed for treason, or felony, and not tried at and shall not be indicted and tried at the next term of the court where such crime is cognizable, he shall be set at liberty on bail, unless it appear by affidavit that the witnesses for the State (namafter second term ing them) could not then be had; and if such prisoner shall not be indicted and tried at the second term after his commitment, he shall be discharged from prison.

To be discharged

Party committed

SEC. 18. A person committed by a justice, or justices, of the

OF ARBITRATION AND AWARDS. CHAPTER 116.

have the writ.

peace, or by the mayor or any alderman of any city, or town, for a for contempt may contempt, shall be entitled to the writ of habeas corpus.

committing

Notice shall be given to the committing magistrate of the time Notice to and place of hearing. The prisoner may deny the alleged contempt, magistrate. under oath; and the court, or judge, may remand, or discharge the

party.

SEC. 19. In any action, or proceeding, for any offence against Evidence under this chapter, the defendant may plead the general issue, and give the general issue. special matter in evidence.

SECTION 1. In any action the matters in controversy in such Reference by action, or all matters in controversy between the parties, may, by rule of court. consent of the parties, their attorneys, or agents, and a rule of the court, be referred for adjustment to three indifferent referees chosen by the parties, or appointed by the court, or by the prothonotary in vacation. This provision shall extend to amicable actions.

referee.

SEC. 2. Every person, not exempt from serving as a juror may Who may be a be named as a referee in a rule of reference entered in court, and required to serve as such.

neglecting to

serve.

SEC. 3. If a person appointed a referee, and duly notified thereof, Penalty for shall, without sufficient excuse to the satisfaction of the court entering the rule, refuse or neglect to perform the duties of such appointment, he shall be fined by the court, not exceeding ten dollars, for the use of the county.

SEC. 4. Each referee, named in a rule of reference, shall, before To be sworn. signing a report, be duly sworn, or affirmed, to determine the matters in controversy faithfully and impartially, according to the best of his skill and judgment.

reversed for error

SEC. 5. The report of referees upon a reference so made, being Report conapproved by the court, shall not be reversed upon a writ of error firmed, not to be for want of any writ, declaration, plea, joinder in issue, or on ac- in proceeding. count of any other defect, mis-entry, or error, in the proceedings

had in such action.

shall be as avail

SEC. 6. The award, or report, of referees, being approved by the Report approved court, shall be as available in law as the verdict of a jury; and the able as a verdict, party to whom any sum of money shall be awarded, if he be plain