Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-04-24
AN ACT,

AN hS
Further to amend and supplementary to an act en-
Titled an act securing the benefits of the writ o
Habeas Corpus.
SECTION |. Be it enacted by the General As
sembly of the State OF Ohio, That whenever ap
plication for wnt Of Eabeas corpus. under the nc
tiil an act, securing the benefits of the wit o
habeas corpus passed February %, 1911, shall be
ma lie to any court or judge of any county in this
State. this said court Judge upon being satisfied
by affidavit or otherwise, that any officer having in
his custody or under his CONTROL any person per
sons alleged tG beunlawfully deprived ofliberty,w
refuse neglect to obey said writ. sall cause the
said writ to be directed TO the sheriff or coroner
any county. provided that it shall not be directet
to any sheriff or coroner who is charged with tie
illeged unlawful detention; and the said writ shal
be framed, directed; executed and returned, anC
proceedings shall be thereupon had in all respects
as is provided by the art further TO amend the ha
beas corpus act, passed February s, ls47; and the
officer having in his custody the prison or persons
alleged to be unlawfullv deprived OF liberty is here.
by required to deliver such person persons to the
officer having the writ of habeas corpus.
Sec. Be it further enacted, That if any she.
riff or coroner, to whom any writ of habeas corpus
issued under the provisions of this act shall be di-
rected, shall refuse neglect to obey and execute
The same according to the command thereof, OF
shall wilfully make a false return thereof, such
sheriff or coroner shall forfeit and pay the sum OF
one thousand dollars, which sum may be recovered
by the party aggrieved, or by any person suing or
the use Of said party: but, in of suit for the
use OF said party, the court in which the same NAV
be brought, shall make such order for securing to
such party the amount recovered shall seem Just
and expedient.
SIC 8. Be ii further enacted. That no person
who shall be set atlarge upon any writ of habeas
corpus, shall be again imprisoned or restrained ot
II berty, tor the same or Substantially the same
cause or offense, unless by the legal order or pro-
cess OF court OF competent jurisdiction, or upon
charge OF crime or ofiense under oath or afirma.
ton made, or indictment found. after such dis
charge. And ii any person shall, knowingly and
contrary to the provisions of this section, recon.
init or imprson or restrain of liberty for the same
or substantially the same cause ofense, any per-
son so set at large or shall knowingly aid or assist
therein, such person offending, shall forfeiu'o
the party aggrieved the of five hundred dollars
10 be recovered by the said party any person for
the uss OF said party, provided in the preceding
section, and the person offending. shall moreover
be liable TO the suit of the party nggreved for dam
ages.
Sec. 4. Be it further enacted. That when any
person shall be set at large upon any writ of habeus
corpus, the court judge making such order, shall
have power TO make such further order as NAV be
necessary to secure the dre effect of snd order of
discharge; and the court or Judge before which any
wit OF habeas corpus shall be returned, shall for
good cause shown, continue the said cause and
sha II have power TO make such other orders, during
the proceeding upon such writ, in respect 10 the
custody of The person imprisoned or restrained and
in other respects may be found needful to secure
the due effect of the writ.
Sec s BE it futiher enacted. That section six
Of the actenttIed ian act securing the benefits o