be stated. SEC. 3. The petition must state, in substance, by whom the what facts must party for whom relief is prayed, is imprisoned or restrained of his liberty, and the place where; naming both parties, if their names are known, or describing them if they are not; all the facts concerning the imprisonment or restraint, and the true cause thereof, to the best of the knowledge and belief of the party; and, if the imprisonment be alleged to be illegal, the petition must also state in what the illegality consists. by oath. SEC. 4. The facts stated in the petition must be verified by the Must be verified oath of the applicant, or some other competent person. SEC. 5. If the restraint or confinement is by virtue of any warrant, order or process, a copy thereof must accompany the petition; or, it must appear, by affidavit annexed thereto, that by reason of the prisoner being removed or concealed before the application, a demand of such copy could not be made, or that such demand was made of the person by whom the prisoner is confined or restrained and a copy refused. If confined on proof to accompany cess, a copy there the petition, or facts shown in excuse. ed without delay. SEC. 6. Any court or magistrate, empowered to grant any writ Writ to be grantof habeas corpus under this act, to whom such petition shall be presented, shall grant such writ without delay, unless it appear, from the petition itself or the documents annexed, that the party can neither be discharged, admitted to bail, nor in any other manner relieved under the provisions of this act. judge of supreme or district court shall issue writwhen. SEC. 7. Whenever any court of record or any judge of the Courts of record or supreme or district court shall have evidence, from any judicial proceedings had before them, that any person is illegally confined or restrained of his liberty, within the jurisdiction of such court or judge, it shall be the duty of the court or judge to issue a writ of habeas corpus for his relief, although no application or petition be presented for such writ. SEC. 8. Every such writ of habeas corpus shall be in the name of the Territory of Kansas, directed to the officer or person by whom the party to be relieved is imprisoned or restrained of his liberty, commanding him to have the body of the person detained or imprisoned, together with the time and cause of such imprisonment and detention, before the court or judge, without delay, to do and receive what shall then and there be considered concern ing the person imprisoned or detained. To be issued in the ritory-what it name of the Tershall contain. seal of the court. SE. 9. All such writs, issued by a court, sball be under the To be under the seal of the court by which they were awarded; and, if issued by a judge or justice out of court, they shall be signed by the officer by whom they were granted. SEC. 10. On such writ, the person, having the custody of the having the custo name of Name of person prisoner, may be designated either by his name of office, if he dy of prisoner and have any, or by his own name; or, if both names be unknown or the writ, and how. uncertain, he may be described by an assumed appellation; and the person directed to be produced, may be designated by his name, or, if his name be uncertain or unknown, he may be described in any other way, so as to designate the person intended. SEC. 11. To the end that no person may pretend ignorance therein, every writ of habeas corpus issued under the provisions of this act, shall be indorsed with these words: "By the habeas corpus act." Shall be indorsed: "By thehabeas corpus act." Though defective in form, to bo obeyed. May require costs of bringing up prisoner and remanding him back, to be paid by potitioner. SEC. 12. Such writs shall not be disobeyed for any defect of form, and any one who shall be served therewith shall be deemed to be the person to whom it is directed, although it may be directed to him by a wrong name or description, or to another person. SEC. 13. The courts and magistrates allowing a writ of habeas corpus, may, in their discretion, require, as a duty to be performed in order to render the service thereof effectual, that the charges of bringing up the prisoner and conveying him back, if remanded, shall be paid by the petitioner; and, in such case, the court or magistrate shall, on the allowance of the writ, specify Amount to be spe- the amount, which shall not exceed ten cents per mile, and the amount so to be paid shall be stated in writing on the writ, signed by the clerk, if in term, or by the officer by whom the writ is awarded. cified. How served. If person conceal himself, &c., how served. By whom served. Duty of officer or person upon whom such writ is serv Of the Service and Return of the Writ and matters incident thereto. SEC. 14. The writ may be served by delivering the same to the officer or person to whom it is directed, or by being left at the jail or other place in which the prisoner is confined, with any under officer, jailor or other person having charge, for the time, of the prisoner. SEC. 15. If the person upon whom the writ ought to be served conceal himself, or refuse admittance to the person attempting the service thereof, it may be served by affixing the same in some conspicuous place on the outside either of his dwelling house or of the place where the party is confined. SEC. 16. Writs of habeas corpus may be served by any free white male person; above the age of twenty-one years. SEO. 17. It shall be the duty of every officer and other person ed, to obey and re- upon whom a writ of habeas corpus shall be served according to the provisions of this act, whether such writ be directed to him or turn the same. not, to obey and return such writ, according to the exigency thereof, to the court or magistrate by whom the writ was awarded; or, in case of the adjournment of such court, or the absence of such magistrate, then before some other judge authorized by this act to issue such writ. time return to be SEC. 18. If the place of hearing be within twenty miles of the when and what place of service, the return shall be made within twenty-four made. hours after service of the writ, and the like time shall be allowed for every additional twenty miles. stated in the re SEC. 19. Every officer or other person, upon whom such writ of what facts to be habeas corpus shall be duly served, shall state in his return tura. plainly and unequivocally: First, Whether he has or has not the party in his custody, or under his power or restraint: Second, If he has the party in his custody or power, or under his restraint, he shall state the authority and true cause of such imprisonment or restraint, setting forth the same at large: Third, If the party be imprisoned or detained by virtue of any writ, order, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited on the return of the writ to the court or officer to whom the same is returnable Fourth, If the person making the return shall have had the party in his power or custody, or under his restraint, at any time before the service of the writ, and has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause, and by what authority such transfer took place. SEC. 20. The return must be signed by the person making the same; and, except where such person shall be a sworn public officer and shall make his return in his official capacity, it shall be verified by his oath. SEC. 21. If any officer or person, upon whom a writ of habeas corpus shall have been served, shall have in his custody or power or under his restraint the party for whose benefit the writ was awarded, he shall also bring the body of such person before the court or magistrate, according to the command of the writ and within the time herein specified for making return, except in case of sickness of such person, as hereinafter provided. SEC. 22. If the officer or person, upon whom the writ of habeas corpus shall be duly served, shall refuse or neglect to obey the same by producing the party named in the writ and making a full and explicit return to such court within the time required by this act, and no sufficient excuse for such refusal or neglect be shown, the court or officer before whom such writ shall have been made Return to be sign ed; in what case to be verified on th Body of the permagistrate, when, son to be brought before the court Refusing to obey and make to To be confined in jail until he com returnable, shall, upon due proof of service thereof, forthwith issue an attachment against the delinquent, directed to the sheriff of any county within this Territory, commanding him forthwith to apprehend such delinquent and to bring him immediately before such court or officer. SEC. 23. On such person being so brought, he shall be comply with the writ, mitted to close custody, in the jail of the county in which the If delinquent be a sheriff, attachment may be directed to the coroner. Precept may also be issued to bring the person. The sheriff may sall to his aid the power of the county. Person on whom writ is served to bring with the &c. court or officer shall be, until he shall comply with such writ, and obey any order that may be made by such court or officer in relation to the person for whose relief such writ shall have been issued. SEC. 24. If the delinquent be a sheriff, the attachment may be directed to any coroner or other person to be designated therein, who shall have full power to execute the same; and such sheriff, upon being brought up, may be committed to the jail of the county. SEC. 25. The court or magistrate by whom such attachment shall be awarded, may also issue a precept to the same sheriff or other person to whom such attachment shall be directed, commanding him to bring forthwith before such court or officer the party for whose benefit such writ of habeas corpus shall have been allowed, who shall thereafter remain in the custody of the sheriff or person executing such precept until he shall be discharged, bailed or remanded, as such court or magistrate shall direct. SEc. 26. In the execution of such writs of attachment and precept or either of them, the sheriff or other person to whom they shall be directed, may call to his aid the power of the county, as is provided by law in the execution of writs and process by any officer. SEC. 27. When the party for whose relief a writ of habeas writ all the exam- corpus shall have been issued, shall stand committed for any seedings, e. Pro- criminal or supposed criminal matter, it shall be the duty of the officer or person upon whom the writ was served, to bring with the writ all and every examination and information in his hands, possession, custody or charge, relating to the commitment. How to proceed if no such examins the commitment. SEC: 28. If no such examination shall have accompanied the tion accompanied commitment nor be in the possession of the officer having the prisoner in custody, such officer shall exhibit the habeas corpus, when served on him, to the magistrate by whom the prisoner was committed, or to the clerk of the court, if the papers are in his office, and it shall be the duty of the magistrate or clerk to deliver to such officer having the custody of the prisoner, the examination and proofs relating to the offense charged, to be by such officer returned with the writ. pear at the return ing, attachment to issue. SEC. 29. If no examination shall have been filed with the com- Magistrate to apmitment or filed in the office of the clerk of the district court as of the writ; failrequired by law, and none be produced by the committing magistrate upon the exhibition of the writ of habeas corpus to him, as provided in the preceding section, such magistrate shall appear in person at the time and place to which the writ is returnable, and, if he fail so to do, may be proceeded against by attachment. Of the Hearing and other Proceedings on the Return. SEC. 30. Upon the return of the writ of habeas corpus, a day Aday set for hear shall be set for the hearing of the cause of imprisonment or restraint, not exceeding five days thereafter, unless the prisoner shall request a longer time; or the court or officer may proceed to such hearing immediately, as the circumstances of the case may require. ing of the cause, &c. the return may be SEC. 31. The party brought before any court or magistrate, by Facts set forth in virtue of any writ of habeas corps, may deny the material facts denied on oath, &o. set forth in the return, or allege any fact to show either that his detention or imprisonment is unlawful, or that he is entitled to his discharge, which allegations or denials shall be on oath. SEC. 32. The return and the allegations made against it may may be be amended by leave of the court or magistrate before whom the writ is returned at any time. SE. 33. The court or magistrate shall proceed to examine into the cause of confinement or restraint, and shall determine the facts in a summary way, by hearing the testimony as well on the part of the persons interested as of the prisoner and the person who holds him in custody, and shall dispose of the prisoner as the case shall require. Return and allega amended. Cause to be tried way, and the pri in a summary Sower disposed of 38 the case may require. be shown for detention. prisoner to be discharged. SEC. 34. If no legal cause be shown for the imprisonment or If no legal canse restraint or for the continuation thereof, the court or magistrate shall forthwith discharge such party from the custody or restraint under which he is held. SE. 35. It shall be the duty of the court or magistrate forthwith to remand the party, if it shall appear that he is detained in custody either: First, By virtue of process issued by any court or judge of the United States, in a cause where such court or judge has exclusive jurisdiction: or, Second, By virtue of the final judgment or decree of any competent court of civil or criminal jurisdiction, or of any execution issued upon such judgment or decree or, Third, For any contempt especially and plainly When and in wha cases the court o magistrate shall remand the party |