2. Sections eight, nine, ten and eleven of chapter one of the Revised Code.

3. Sections twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six and thirty-seven, chapter one hundred and nineteen of the Revised Code.

4. All laws and clauses of laws in conflict with the provisions of this act.

SEC. 116. When to go into effect;

This act shall take effect and be in force on and after the first day of July, Anno Domini eighteen hundred and sixty

Register of Deeds.

SECTION 1. The General Assembly of North Carolina do enact, That the Register of Deeds shall have an office in the Court House, or other place provided by the County Commissioners, in the County Town of his County.

SEC. 2. This act shall be in force from its ratification.
Ratified the 6th day of April, A. D. 1869.

CHAPTER CXV.

AN ACT TO AUTHORIZE THE SWIFT ISLAND MANUFACTURING

COMPANY ΤΟ ESTABLISH A PUBLIC FERRY ACROSS THE

PEDEE RIVER, NEAR THEIR FACTORY.

Pedee River.

SECTION 1. The General Assembly of North Carolina do Ferry across nact, That the Swift Island Manufacturing Company are authorized to keep up a Ferry across the Pedee River, at or near the Factory of said Company, in the County of Montgomery, in this State, and are authorized to charge the rates of ferriage usual on the said river, above and below said Factory.

SEC. 2. This act shall go into effect from the date of its ratification.

Ratified the 6th day of April, A. D. 1869.

CHAPTER CXVI.

PROCEEDINGS IN HABEAS CORPUS.

CHAPTER I.

The General Assembly of North Carolina do enact as follows:

SECTION 1. In what cases the application may be made:

Every person imprisoned or restrained of his liberty In what case the within this State, for any criminal or supposed criminal made.

matter, or on any pretence whatsoever, except in cases specified in the next section, may prosecute a writ of habeas

application may be

corpus, according to the provisions of this chapter, to inquire

When the application may be denied.

By whom application may be made,

into the cause of such imprisonment or restraint, and if illegal to be delivered therefrom.

SEC. 2. When the application may be denied:

Application to prosecute the writ shall be denied in the following cases:

1. Where the persons are committed or detained by virtue of process issued by a Court of the United States, or a Judge thereof, in cases where such Courts or Judges have exclusive jurisdiction under the laws of the United States, or shall have acquired exclusive jurisdiction by the commencement of suits in such Courts.

2. Where persons are committed or detained by virtue of the final order, judgment or decree of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution, issued upon such final order, judgment or decree.

3. Where any person has wilfully neglected, for the space of two whole terms after his imprisonment of the Superior Court of the County in which he may be imprisoned, to apply for the writ, such person shall not have a habeas corpus in vacation time for his enlargement.

4. Where no probable ground for relief is shown in the application.

SEC. 3. By whom application may be made :

Application for the writ may be made either by the party for whose relief it is intended or by any person in his behalf.

SEC. 4. Mode of making the application:

Application for the writ shall be made in writing, signed by the applicant:

1. To any one of the Judges of the Supreme Court.

2. To any one of the Superior Court Judges, either at term time or in vacation.

SEC. 5. What application must contain:

The application must state in substance, as follows:

1. That the party, in whose behalf the writ is applied for, is imprisoned or restrained of his liberty, the place where, and the officer or person by whom he is imprisoned or restrained, naming both parties, if their names are known, or describing them if they are not known.

2. The cause or pretence of such imprisonment or restraint, according to the knowledge or belief of the applicant.

3. If the imprisonment is by virtue of any warrant or other process, a copy thereof shall be annexed, or it shall be made to appear that a copy thereof has been demanded and refused, or that for some sufficient reason a demand of such copy could not be made.

4. If the imprisonment or restraint be alleged to be illegal, the application must state in what the alleged illegality consists; and that the legality of the imprisonment of restraint has not been already adjudged, upon a prior writ of habeas corpus, to the knowledge or belief of the appli

cant.

5. That the facts set forth in the complaint must be verified by the oath of the applicant, or by that of some other credible witness, which oath may be administered by any person authorized by law to take affidavits.

SEO. 6. When the writ must be granted:

Any Court or Judge empowered to grant the writ, to whom such application may be presented, shall grant the writ without delay, unless it appear from the application itself, or from the documents annexed, that the person applying, or for whose benefit it is intended, is, by the pro visions of this chapter, prohibited from prosecuting the writ.

What application must contain.

When the writ must be granted.

Defect of form.

When writ sufficient.

Penalty for refusal to grant the writ.

Writ may issue without application.

The return and what to contain.

SEC. 7. Defect of a form:

No writ of habeas corpus shall be disobeyed on account of any defect of form.

SEC. 8. When the writ sufficient:

It shall be sufficient:

1. If the person having the custody of the party impris oned or restrained, be designated either by his name of office, if he have any, or by his own name, or if both such names be unknown or uncertain, he may be described by an assumed appellation, and any one who may be served with the writ, shall be deemed the person to whom it is directed, although it may be directed to him by a wrong name, or description, or to another person.

2. If the person who is directed to be produced, be desig nated by name, or if his name be uncertain or unknown, he may be described by an assumed appellation, or in any other way, so as to designate the person intended.

SEC. 9. Penalty for refusal to grant the writ:

If any Judge authorized by the provisions of this chapter to grant writs of habeas corpus, shall refuse to grant such writ when legally applied for, every such Judge shall forfeit to the party aggrieved two thousand five hundred dollars.

SEC. 10. Writ may issue without application:

Whenever the Supreme or Superior Court, or any Judge of either, shall have evidence from any judical proceeding before such Court or Judge, that any person within this State, is illegally imprisoned or restrained of his liberty, it shall be the duty of said Court or Judge to issue a writ of habeas corpus for his relief, although no application be made for such writ.

SEC. 11. The return, and what to contain:

The person or officer on whom the writ is served, must make a return thereto in writing, and except where such