, 1854-07-15
OLYMPIA WASHINGTON TERRITORY SATURDAY, JULY I 1854

defendants, and any one Of several replev
in bail having paid and satisfied the plain
tiff snail have the. remedy provided in the
last section against the co-delendants OF
co-sureties to collect Of them the ratcahl,
proportion each is equitably bound to pay.
Sec. 432. No surety or his representa-
tive, shall confess Judgment or suffer iudg
pent by default in any case where he is no
tilted that there Is valid defence, if the
principal will enter himself defendant tC
the action, and tender to the surety or hi,
representatives good security to indemnify
him, to De approved By the couIt.
See 1873. The foregoing provisions o.
this act shall extend to heirs, executors anG
administrators of deceased persons, hui
the provisions of the 427th section, shall
not operate against persons under legal
disabilities.
HABEAs CoRTUs.
Sec 43I. Every person restrained Of
his liberty under any pretence whatever,
may prosecute writ of habeas corpus Ia
enquire into the cause of the restraint, and
shall be delivered thcreirom when illegal.
See 435 Application for the writ shall
be made by complaint signed and verified
either by the plaintiff or by some person
in bis behalf, aud shall specify y
First. BY whom the person in whose
behalf the writ IS applied for is restrained
Of his liberty and the place where naming
oil the parties if they are known, or des-
cribing them if they are not known.
Second. The cause or pretence Of the
restraint according to the best Of the
knowledge and belief Of the applicant
Third. Ii the restraint be alleged to be
illegal, in what the illegalty consists
Sec. 1856. Mrits OF habeas corpus may
be granted by the supreme court or dis
trict court, or by any judge of either court
whether in term or vacation, and upon ap-
plication, the writ shall be granted without
delay.
Sec. 43T. The writ shall be directed to
the officer or party having the person un-
der restraint, commanding him TO have
such person before the court or judge at
such time and place as the court and Judge
shall direct, to do and receive what shall
be ordered concerning him, and have then
and there the writ.
Sec. 43S If the writ be directed TO the
sheriff it shall be delivered by the clerk to
him without delay.
Sec. 439. If the writ be directed to any
other person it shall be delivered to the
sheriff, and shall be by him served by de-
liyering the same TO such person without
delay.
Sec. 440. If the person to whom such
writ is directed cannot be found, or shall
refuse admttance to the sheriff the same
may be served by leaving it at the resi-
dence of the person to whom it is directed,
or by fixing of the same on some conspicuous
place either Of his dwelling house, or where
the party is confined or under restraint
Sec. AL. The sheriff Or other person to
whom the writ is directed shall make I'M
mediate return thereof and if he refuse
otter due service TO make return the court
shall enforce obedience by attachment.
See 44S. The return must be signed and
verified by the person making it, who shall
state ..u
First. The authority or cause Of the
restraint Of the party in his custody.
Second. If the authority be in writing
he shall return copy aud produce the Or
iginal on the hearing.
Third, If he has had the party 10 his
custody or under his restraint, and has
transferred him to another, he shall state
to whom, the time, place and cause of the
transfer. He shall produce the party in
the hearing, unless prevented by sickness
or infnnity, which must be shown in the
return.
Sec 443. The court or Judge, if salts
fed of the truth Of the allegation Of sick
ness or infrmity, may proceed to decide on
the return, or the hearing may be adjourn
ed until the party can be produced, or for
other good cause. The plaintiff may ex-
ccpt to the suffering Of, or controvert the
return or any part thereof, or alledge any
new matter In evidence. The new matter
shall be verified except in cases Of COM
milment on a criminal charge. The return
and pleadings may be amended without
causing any delay. ...
See. 44l. The court or judge shall
thereupon proceed in summary way to
hear and determine the cause, and if no
legal cause be shown for the restraint, or
for the continuation thereof, shall discharge
the party. ...
See. AS. No court or judge shall en-
quire into the legality of any Judgment or
process whereby the party is in custody, or
discharge him when the term of commit
ment has not expired in either of the cases
following
First. Upon any process issued on any
final Judgment of court of competent ju-
risdicton.
Second For any contempt of any court,
officer, or body having authority in the
premises to commit, bat an order OF com
mitment as for contempt upon proceed
ings to force the remedy of party is moi