SECT. 15. When the writ is returned, the court or judge shall, without delay, proceed to examine the causes of the imprisonment or restraint; but the examination may be adjourned from time to time, as circumstances may require.

SECT. 16. When it appears from the return of the writ or otherwise, that the party is detained on any process, under which any other person has an interest in continuing his imprisonment or restraint, the party shall not be discharged, until sufficient notice shall have been given to such other person, or his attorney, if within this state to appear and object to such discharge.

SECT. 17. When it appears from the return of the writ, or otherwise, that the party is imprisoned on any criminal accusation, he shall not be discharged, until sufficient notice shall have been given to the state's attorney, whose duty it shall be to prosecute for such offence, to appear and object to such discharge.

SECT. 18. The party imprisoned, or restrained, may deny any of the facts set forth in the return or statement, and may allege any other facts, that may be material in the case, and the court, or judge, may proceed in a summary way, to examine the causes of the imprisonment or restraint, and to hear the evidence that may be produced by any person, interested or authorized to appear, both in support of such imprisonment or restraint, and against it, and thereupon to dispose of the party, as law and justice shall require.

SECT. 19. If no legal cause be shown, for the imprisonment or restraint, the court or judge shall discharge the party therefrom.

SECT. 20. If the party is detained for any cause or offence, for which he is bailable, he shall be admitted to bail, if sufficient bail be offered, and, if not, he shall be remanded with an order of the court or judge, expressing the sum in which he shall be held to bail, and the court at which he shall be required to appear, and any judge of the county court, in the county where such party is confined, may, at any time, before the setting of said court, bail the party pursuant to such order.

SECT. 21. If the party is lawfully imprisoned or restrained, or is not entitled to be enlarged on giving bail, he shall be remanded to the person from whose custody he was taken, or to such other person or officer, as by law is authorized to detain him.

SECT. 22. Until judgment be given, the court or judge, may remand the party, or may bail him to appear from day to day, or may commit him to the sheriff of the county, or place him under such other care and custody, as the circumstances of the case may require.

SECT. 23. Any officer, who shall refuse or neglect for six hours, to deliver a true copy of the warrant or process, by which he detains any prisoner, to any person who shall demand such copy, and tender the fees therefor, shall forfeit and pay to such prisoner the sum of two hundred dollars.

SECT. 24. If any person, to whom such writ of habeas corpus shall be directed, shall refuse to receive the same, or shall neglect to obey and execute it according to the provisions of this chapter, and no sufficient excuse be shown for such refusal or neglect, the court or judge, before whom the writ was returnable, shall proceed forthwith, by process of attachment as for a contempt, to compel

obedience to the writ, and to punish the person guilty of the contempt.

SECT. 25. Upon such refusal or neglect, of the person to whom the writ of habeas corpus is directed, the court or judge may also issue a precept to any officer, or other person, to be designated therein, commanding him to bring forthwith, before such court or judge, the person for whose benefit the writ of habeas corpus was issued, and the prisoner shall be thereupon discharged, bailed or remanded, in like manner as if he had been brought in on habeas corpus.

SECT. 26. Every person, guilty of such refusal or neglect to receive and execute a writ of habeas corpus, shall, moreover, forfeit and pay to the party aggrieved thereby, the sum of four hundred dollars.

SECT. 27. If any one, who has in his custody, or under his power, any person, who is 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 thereby, the sum of four hundred dollars.

SECT. 28. The recovery of any penalty, imposed by this chapter, shall not bar any action at the common law, for false imprisonment, or for a false return to the writ of habeas corpus, or for any other injury or damages sustained by the aggrieved party.

SECT. 29. No person, who has been discharged upon a habeas corpus, shall be again imprisoned or restrained, for the same cause, unless he shall be indicted therefor, or convicted thereof, or shall neglect to find bail, when ordered thereto by some court of record, 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.

SECT. 30. Nothing, contained in this chapter, shall be construed to restrain the power of any court, to issue a writ of habeas corpus, when necessary, to bring before them any prisoner for trial in any criminal case, lawfully pending in the same court, or to bring any prisoner to be examined as a witness, in any suit or proceeding, civil or criminal, pending in such court, when they shall think the personal attendance and examination of the witness necessary for the attainment of justice, or to bring in any prisoner, to be surrendered in discharge of bail.

SECT. 31. The same power is hereby given to, and the same duties imposed upon, the circuit judges of the several judicial circuits of this state, which are given to, and imposed upon, the judges of the supreme court, by the provisions of chapter thirty-eight of the Revised Statutes, entitled "Of Habeas Corpus." (Sec. 1 of No. 16 of 1850.)

38

SECTION

CHAPTER 42.

FORFEITURE OF GRANTS.

BEING IDENTICAL WITH

Chap. 39 of the Revised Statutes, pp. 228-230.

1. What shall be deemed a grant.

2. Who shall be deemed a grantee.

3. For what causes a grant may be adjudged
forfeited.

4. The effects of a judgment of forfeiture.
5. Process, how and where commenced.
6. 46
how served, and by whom pros-
ecuted.

7. Grantee, not resident in the state, how no-
tified.

8. State's attorney to commence prosecution, when, &c.

9. If several grantees, each may defend.

10. If grantee does not appear, court may adjudge the grant forfeited, when, &c.

SECTION

11. Grantee may, after verdict, show reasons why, &c.

12. If the court consider such reasons sufficient, judgment to be rendered, &c.

13. If insufficient, judgment to be rendered that the grant is forfeited.

14. Exceptions allowed, and cause passed to supreme court.

15. Copy of judgment of forfeiture to be transmitted to secretary of state.

16. Writ of possession may issue in certain

cases.

17. Notice to be given of motion for a writ of possession.

SECTION 1. The word grant, as used in this chapter, shall be construed to mean all grants or charters of lands, situated in this state, made by the king of Great Britain, or by this state or any other government; all acts of the general assembly, granting to individuals any rights or privileges not common to all the citizens of the state; and all acts of incorporation, for whatever purpose such corporation may have been created.

SECT. 2. The word grantee, as used in this chapter, shall be construed to mean the person to whom such land, rights or privileges were granted, and the representatives or assigns of such person, and the corporation created by act of the general assembly.

SECT. 3. All grants may be adjudged forfeited for the non-performance of any condition annexed to, or contained in, such grant, whether such condition be expressed, or, from the nature of the grant, clearly implied; and in the manner hereinafter provided.

SECT. 4. Whenever any grant shall be adjudged forfeited, agreeably to the provisions of this chapter, the grantee shall thereby be divested of all rights, benefits and privileges derived by virtue of such grant, and the grant shall thenceforth be considered vacated, and the thing granted shall thereupon revert to the state.

SECT. 5. The mode of process shall be by writ of scire facias, returnable before the county court of the county in which the land lies, if it is a grant of land; if it is an act of incorporation, in the county in which any part of the business of the corporation shall be done, or, by the terms of the act, should have been done; if a turnpike corporation, in the county in which any portion of the road of such corporation is situated.

SECT. 6. Such writ shall issue, and be served in the same manner, as original writs, and shall be prosecuted by the state's attorney of the county in which it is returnable, in the name of the state.

SECT. 7. If, in any case, the grantee is not an inhabitant of the state, notice of the scire facias shall be given, by publishing the substance of such writ in one or more newspapers, as one of the judges of the court, to which it is returnable, shall order, three weeks successively, the last of which shall be at least thirty days before the sitting of such court, which shall be deemed sufficient service of such writ; but if the grantee does not appear, the court may, in its discretion, order further or other notice to be given.

SECT. 8. The state's attorney of any county shall, on the application of twenty or more judicious freeholders of the county, commence such writ and prosecute the same against any corporation, if, in his opinion, the grant of such corporation is forfeited, and the public good requires that the same should be adjudged forfeited.

SECT. 9. If several grantees claim under the same grant, each may appear for himself and make his several plea or answer, denying the allegations in the writ, or pleading performance of the conditions of the grant, and all issues of fact shall be tried by jury, and the jury may return a general or special verdict.

SECT. 10. If the grantee shall not appear, after service of the writ, the court may adjudge the grant forfeited, but such judgment shall not be rendered in such case, until sufficient facts are shown to the court by competent evidence.

SECT. 11. If the verdict in any case, under the provisions of this chapter, shall be that the conditions of the grant have not been performed, or that the grant is forfeited, the grantee shall have liberty to show to the court his reasons in writing, if any he have, why the grant, in equity and good conscience, should not be forfeited, although a forfeiture be legally incurred, and the court shall judge the same according to equity and good conscience.

SECT. 12. If, upon due consideration, the court shall consider the reasons, so shown, sufficient, the same shall be briefly recited in the judgment rendered, which shall be in such case, that the grant in equity ought not to be, and is not, forfeited, and that the grantee pay the costs of suit.

SECT. 13. If no reasons are shown, or those, which are shown, shall be considered by the court insufficient, the judgment shall be that the grant is forfeited, and the reasons, if any, and their insufficiency shall be briefly recited in the judgment.

SECT. 14. The judgment of the county court, upon the reasons so shown, may pass to the supreme court for adjudication, on exceptions, in like manner as questions of law arising upon the trial of issues of fact.

SECT. 15. When final judgment shall have been rendered, that a grant is forfeited, the clerk of the court, which rendered such judgment, shall, within sixty days from the rendition thereof, transmit to the secretary of state a certified copy of such judgment, to be recorded and kept in the office of such secretary.

SECT. 16. In all cases, in which judgment of forfeiture shall be rendered and transmitted, as aforesaid, and the thing granted be capable of actual possession and occupancy, if the grantee shall neglect or refuse to deliver up the possession, possession thereof may be obtained, either by the state or by a second grantee, by a writ of

possession, to be issued by the court, by which such judgment was rendered, on motion of the state's attorney or the second grantee.

SECT. 17. Reasonable notice of the motion for a writ of possession, as herein provided, shall always be given to the person in possession, before the court shall order such writ to be issued.

SECTION

CHAPTER 43.

PARTITION OF REAL ESTATE.

BEING IDENTICAL WITH

Chap. 40 of the Revised Statutes, pp. 230-234.

SECTION

17. Commissioners to pay over moneys, as the court shall direct.

18. Commissioners' compensation.

19. Expenses of partition to be paid by own ers, in proportion to interest-shares may be sold.

20. Commissioners to execute conveyance on such sale.

21. Commissioner shall not purchase.

22. Partition not avoided by conveyance, un-
less.

23. Each share to enure to the legal owner.
24. When and how new partition made.
25. If new partition made, shares to be dimin-
ished only in proportion.

26. Satisfaction to be made for improvements.
27. Compensation of commissioners, &c.
28. If either of the commissioners die, surviv-
ors to act.

29. Proceedings not to be dismissed, by reason
of the death of a party, or for want of
parties.

SECTION 1. Any person, having or holding real estate, with others, as joint tenants, tenants in common or co-parceners, may have partition thereof in the manner hereinafter provided.

SECT. 2. Such person may apply to the county court, in the county where such real estate, or any part thereof, is situate, by petition, in writing, setting forth the title by which the same is held, the names of the several owners, as far as known, and a particular description of the premises, and praying for a partition thereof.

SECT. 3. The petitioner shall cause notice to be given to all persons interested in such estate, by causing such petition, with a citation annexed, to be duly served on each one of them, in the same manner as writs of summons are required to be served.

SECT. 4. If either of the persons interested, does not reside in this state, and has not a known agent or attorney in the same, the petitioner shall cause the substance of such petition, with the citation, to be published in some newspaper, printed in this state, which