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SEC. 5. When the writ shall be awarded, it shall appear under the seal of the court issuing the same, or if it be issued by any Judge it shall be signed by him, and shall be substantially in the following words, to wit:

Territory of Utah.) To the Marshal, or sheriff, or other form of the County of officer, or to A.B., (as the case may be,)writ.

You are hereby commanded to have the body of C. D. by you detained as alleged before the court, or before me E F, Judge &c., (as the case may be,) at

on

or forthwith, after being served with this writ to be dealt with according to law, and to abide such order as the court or Judge shall make in the premises, and have you then and there, this writ, with a return of your doings in the premises.

of writ.

SEC. 6. When the writ is disallowed, the court or Judge Disallow shall cause the reasons of said disallowance to be appen-" ded to the petition, and returned to the person applying for the writ.

ance

'By the Habeas

SEC. 7. To the intent that no officer, sheriff, jailor, constable, or other person, or persons whatsoever, upon whom such writ shall be served, may pretend ignorance thereof, such writ or copy thereof, shall be endorsed with Endorsement the following words: "By the Habeas Corpus Act," and Corpus Act. all persons upon whom such writs shall be served, holding said prisoner or prisoners shall make return of such writ, and shall bring or cause to be brought, the body or bodies of such person, or persons, before the court or Judge issuing said writ according to the requirements of the same.

SEC. 8. Whenever the court or Judge, authorized to Writ may be grant this writ, has evidence that any person within the ju-issued without risdiction of such court or Judge is unjustly imprisoned, or application restrained of his liberty, it is the duty of such court or Judge to issue, or cause to be issued, the writ as aforesaid, though no application be made therefor.

writ

SEC. 9. The writ may be served by the officer, or by Any person may be appoin any other person appointed for that purpose by the courtted to serve or Judge, by whom it is issued or allowed. If served by" any other person than the officer, he possesses the same power, and is liable to the same penalty for a non-performance of his duty as though he were the officer.

SEC. 10. The proper mode of service is by leaving the

ing the writ.

Mode of serv-original writ with the defendant, or person holding or detaining such plaintiff or prisoner, and preserving a copy, on which to make the return of service.

served upon

SEC. 11. If the defendant cannot be found; or if he Writ may be have not the plaintiff in custody, the service shall be made any person hol-upon any person having the plaintiff in custody, in the ding prisoner. same manner and with the same effect as though he had been made defendant therein.

Defendantmay; be arrested.

SEC. 12. If the defendant conceal himself, or refuse admittance to the person attempting to serve the writ; or if he attempt wrongfully to carry the person out of the county or Territory after the service of the writ as aforesaid, the officer or the person who is attempting to serve, or who has served the writ, as above contemplated, is authorized to arrest the defendant, or other person so resisting, and bring him or them together with the plaintiff forthwith before the officer or court before whom the writ is made returnable. In order to make such arrest the officer or other person having the writ, possesses the same power to execute the same as is given to a sheriff for the arrest of a person charged with felony.

SEC. 13. The writ of Habeas Corpus must not be disobeyed for any defect of form or mis-description of the Defect of form plaintiff or defendant: Provided, enough is stated to show the meaning and intent of the writ. Service being made in any mode, the defendant must appear at the proper time and place, and answer the petition. He must also bring the body of the plaintiff, or show good cause for not doing so; to get possession of a plaintiff's person, when there is no person appearing to have nim in chage or custody; the same power is given to the officer or per having the writ, as is given to sheriff for the arrest of a per-son charged with felony.

Imprisonment and fine.

Defendant's

SEC. 14. A wilful failure to comply with the requisitions of this act, renders the defendant or offending party, liable to be attached for a contempt, and to be imprisoned till a compliance is obtained, and also subjects him to a forfeiture of one thousand dollars to the party thereby aggrieved

SEC. 15 The defendant in his answer must state plain

ly and unequivocally, whether he then has, or at any timeanswer.
has had the plaintiff under his control and restraint, and
if so, the cause thereof. If he has transferred him, he
must state the fact, and to whom, and the time thereof, as
well as the reason or authority therefor.

prisoned.

SEC. 16 Any Judge, whether acting individually, orJudge may he as a member of the court, who wrongfully and wilfully re-fined and infuses to award such writ whenever proper application for" the same is made, shall forfeit and pay the sum of one thousand dollars, which may be recovered by an action of debt for the use of the Territory; and may be imprisoned for a term not exceeding one year

retained in cus

SEC. 17. Until the sufficiency of the cause of restraint Plaintiff to be is determined, the defendant may retain the plaintiff intody. his ustody, and may use all necessary and proper means

for that purpose.

SEC. 18. The plaintiff in writing, or by his Attorney Platntiff may may waive his right to be present at the trial, in whichbe absent. case the proceedings may be had in his absence

The

writ in such cases will be modified accordingly. If no sufficient, just legal cause of detention is shown, the plaintiff must be discharged.

the court.

SEC. 19. Upon the return of any writ of Habeas Cor-Proceedings of pus, the court or judge, shall, after having given sufficient notice, proceed in a summary manner to settle the said facts, by hearing the testimony and arguments, as well of all parties interested civily if any there be, as of the prisoner or prisoners; and the person or persons who hold him, her, or them in custody, and shall dispose of the prisoner or prisoners, as the case may require, in all cases where the imprisonment is for a criminal offence, and there is not sufficient cause for discharge; and although the commitment may have been iniformally made, or without due authority, or the process may have been executed by a person not duly authorized, the court may make a new commitment, or admit the party to bail if the case be bailable.

SEC. 20.

prisonment of

Disobedience to any order of discharge orFine and im attempt to elude the service of the writ of Habeas Corpus, defendant. or to avoid the effect thereof, subjects the defendant to a

Fine of officer.

Sureties in case of bail.

Witnesses.

Damages.

fine of one thousand dollars, and imprisonment for the term of one year; and any person knowingly aiding and abetting in any such act, shall be subject to the like punishment.

SEC. 21. Any officer refusing to deliver a copy of any legal process by which he detains the plaintiff in custody, to any person who demands such copy, for the purpose of taking out a writ of Habeas Corpus, shall forfeit not exceeding two hundred dollars to the person so detained.

SEC. 22. All persons admitted to bail on Habeas Corpus, shall enter recognizance with sufficient sureties, in such sum as the court shall direct, having regard to the circumstances of the plaintiff, and the nature of the offence, conditioned for his, her, or their appearance at the next term of the court to be holden in the county where the offence was committed, or where the same is to be tried. And all material witnesses shall also be required to enter recognizance to appear at the same time and place, and not depart therefrom without leave. All such papers must be filed in the clerk's office, where the same is made returnable.

SEC. 23.

The recovery of any penalties incurred by reason of the provisions of this act, shall be no bar to a civil suit for damages.

Approved Feb. 2d, 1852.

AN ACT GOVERNING WRITS OF ATTACHMENT
AND CAPIAS.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That when any person or persons, shall file an affidavit in any of the courts of this Territory, that some person or persons are about to leave the county or Territory, removing their effects with the intention, he believes of defrauding his, her, or their creditors, and that such person or persons are indebted to him, her, or them, either by note or book account, and are

about to leave without paying the same, the court shall is sue a writ of Attachment upon the goods, chattels, and ef-writ of attac fects. of such person or persons, and such goods chattelsment. and effects shall be held to pay the debt and cost; if, upon a trial, judgment shall be rendered against the defendant. The writ of Attachment may be directed to any and all persons that shall be owing the said defendant when there is not sufficient property found to satisfy the debt and cost; and any such person so notified or served with an Attachment shall be considered garnisheed, and said indebtedness shall be held liable for the debt of the defendant until the same shall be satisfied.

SEC. 2. In all cases of Attachment, bail may be taken Bail. to the satisfaction of the court for debt and cost; and in case bail is given, the property shall be free from the Attachment. The court, on issuing an Attachment, shall notify the person whose goods are attached, of a set time and place for trial.

SEC. 3. In case an Attachment shall be obtained from Damage may be recovered. any court, and upon trial, no judgment shall be found for the plaintiff, the defendant whose goods have been attached, may recover by law all the damage, he may have sustained by such Attachment.

SEC. 4. Capias may be served on any person not a Capias. householder: Provided, That any person shall not be held with Capias, more than fortyeight hours without trial. Capias may also be served on any person while in the act of leaving the county or Territory.

on the goods

SEC. 5. When any person or persons shall have left Attachments the Territory, or shall not be a resident of the Territory, may be had upleaving behind him debts unpaid, if such person or per-&e., of non-resons have property within the Territory, it may be lawfulsidents. for such creditors to sue out a writ of Attachment against such absent debtor, his goods, chattels, and effects, dues and demands. And all such property, dues, and demands, shall be held to pay all the debts such debtor shall have left unpaid, if upon a trial a judgment shall be had against the defendant.

Approved, March 3d, 1852.

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