reglab/housing_qa huggingface dataset:
NE Code § 29-2803 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2803 - Habeas corpus; applicant; subpoena for witnesses.

29-2803.  Habeas corpus; applicant; subpoena for witnesses.Whenever a habeas corpus shall be issued to bring the body of any prisoner committed as aforesaid, unless the court or judge issuing the same shall deem it wholly unnecessary and useless, the court or judge shall issue a subpoena to the sheriff of the county where such person shall be confined, commanding him to summon the witness or witnesses therein named to appear before such judge or court, at the time and place when and where such habeas corpus shall be returnable. It shall be the duty of such sheriff to serve the subpoena, if possible, in time to enable such witness or witnesses to attend.Source   G.S.1873, c. 58, § 355, p. 804;   R.S.1913, § 9249;   C.S.1922, § 10278;   C.S.1929, § 29-2803;   R.S.1943, § 29-2803.
NE Code § 29-2804 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2804 - Subpoena; duty of witness; noncompliance; penalty.

29-2804.  Subpoena; duty of witness; noncompliance; penalty.It shall be the duty of the witness or witnesses thus served with subpoena to attend and give evidence before the judge or court issuing the same, on pain of being guilty of a contempt, in which event he or they shall be proceeded against accordingly by the judge or court.Source   G.S.1873, c. 58, § 356, p. 805;   R.S.1913, § 9250;   C.S.1922, § 10279;   C.S.1929, § 29-2804;   R.S.1943, § 29-2804.
NE Code § 29-2805 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2805 - Habeas corpus; hearing by court or judge; procedure.

29-2805.  Habeas corpus; hearing by court or judge; procedure.On the hearing of any habeas corpus issued as aforesaid, it shall be the duty of the judge or court who shall hear the same to examine the witness or witnesses aforesaid, and such other witnesses as the prisoner may request, touching any offense mentioned in the warrant of commitment, whether the offense be technically set out in the commitment or not. Upon the hearing the judge or court may either recommit, bail or discharge the prisoner, according to the facts of the case.Source   G.S.1873, c. 58, § 357, p. 805;   R.S.1913, § 9251;   C.S.1922, § 10280;   C.S.1929, § 29-2805;   R.S.1943, § 29-2805.
NE Code § 29-2806 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2806 - Habeas corpus; disposition of cause.

29-2806.  Habeas corpus; disposition of cause.When the judge shall have examined into the cause of the capture and detention of the person so brought before him, and shall be satisfied that the person is unlawfully imprisoned or detained, he shall forthwith discharge such prisoner from confinement. In case the person or persons applying for such writ shall be confined or detained in a legal manner, on a charge of having committed any crime or offense, the judge shall, at his discretion, commit, discharge or let to bail such person or persons, and if the judge shall deem the offense bailable, on the principles of law, he shall cause the person charged as aforesaid to enter into recognizance, with one or more sufficient securities, in such sum as the judge shall think reasonable, the circumstances of the prisoner and the nature of the offense charged considered, conditioned for his appearance at the next court where the offense is cognizable. The judge shall certify his proceedings, together with the recognizance, forthwith, to the proper court; and if the person or persons charged as aforesaid shall fail to enter into such recognizance, he or they shall be committed to prison by such judge.Source   G.S.1873, c. 58, § 358, p. 805;   R.S.1913, § 9252;   C.S.1922, § 10281;   C.S.1929, § 29-2806;   R.S.1943, § 29-2806. Annotations  The appropriate form of relief from denial of a motion to reduce excessive bail is by habeas corpus. State v. Harig, 192 Neb. 49, 218 N.W.2d 884 (1974). Statute contemplates that relator shall be discharged, committed, or let to bail. Rhodes v. Houston, 172 Neb. 177, 108 N.W.2d 807 (1961). Resort may be had to habeas corpus to review discretion of district court in fixing the amount of bail. Kennedy v. Corrigan, 169 Neb. 586, 100 N.W.2d 550 (1960). Principles governing issuance of writ of habeas corpus stated. Lingo v. Hann, 161 Neb. 67, 71 N.W.2d 716 (1955). Court should require prisoner to enter into recognizance for appearance where order of discharge from bailable offense is appealed. Hulbert v. Fenton, 115 Neb. 818, 215 N.W. 104 (1927). When it appears that petitioner stands charged with bailable offense and his sureties are for any cause released from liability, he will be remanded to district court. State ex rel. Emerson v. Bauman, 87 Neb. 273, 126 N.W. 857 (1910). If commitment on which prisoner is detained is insufficient, but information against him charges a crime, court will recommit him to the court having jurisdiction of offense. Michaelson v. Beemer, 72 Neb. 761, 101 N.W. 1007 (1904). Order fixing amount of bail will not be disturbed upon habeas corpus unless amount is unreasonably great and disproportionate to the offense charged. In re Scott, 38 Neb. 502, 56 N.W. 1009 (1893).
NE Code § 29-2807 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2807 - Writ; failure to obey; penalty.

29-2807.  Writ; failure to obey; penalty.If any person to whom such writ of habeas corpus shall be directed as aforesaid, shall neglect or refuse to obey or make return of the same according to the command thereof, or shall make a false return of the writ, or upon demand made by the prisoner, or any person in his or her behalf, shall refuse to deliver to the person demanding, within six hours after the demand therefor, a true copy of the warrant or commitment or detainer of such prisoner, every person so offending shall, for the first offense, forfeit to the party aggrieved the sum of two hundred dollars, and for the second offense, the sum of four hundred dollars, and shall, if an officer, be incapable to hold his office.Source   G.S.1873, c. 58, § 359, p. 805;   R.S.1913, § 9253;   C.S.1922, § 10282;   C.S.1929, § 29-2807;   R.S.1943, § 29-2807.
NE Code § 29-2808 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2808 - Writ; failure to issue; penalty.

29-2808.  Writ; failure to issue; penalty.If any clerk of the district court shall refuse to issue such writ after allowance and demand made as aforesaid, he shall forfeit to the party aggrieved the sum of five hundred dollars.Source   G.S.1873, c. 58, § 360, p. 806;   R.S.1913, § 9254;   C.S.1922, § 10283;   C.S.1929, § 29-2808;   R.S.1943, § 29-2808.
NE Code § 29-2809 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2809 - Applicant discharged; rearrest for same offense prohibited; penalty; exceptions.

29-2809.  Applicant discharged; rearrest for same offense prohibited; penalty; exceptions.Any person who shall be set at large upon any habeas corpus, shall not be again imprisoned for the same offense, unless by the legal order or process of the court wherein he or she shall be bound by recognizance to appear, or other court having jurisdiction of the cause or offense. If any person shall knowingly, contrary to sections 29-2801 to 29-2824, recommit or imprison, or cause to be recommitted or imprisoned for the same offense or pretended offense, any person so set at large, or shall knowingly aid or assist therein, he shall forfeit to the party aggrieved five hundred dollars, any colorable pretense or variation in the warrant or commitment notwithstanding.Source   G.S.1873, c. 58, § 361, p. 806;   R.S.1913, § 9255;   C.S.1922, § 10284;   C.S.1929, § 29-2809;   R.S.1943, § 29-2809. Annotations  Principle of res judicata does not apply in cases of habeas corpus to judgment discharging prisoner when discharge was not upon merits but for defect of proof. State ex rel. Flippin v. Sievers, 102 Neb. 611, 168 N.W. 99 (1918). To recover penalty, plaintiff must show statutory conditions exist. Hier v. Hutchings, 58 Neb. 334, 78 N.W. 638 (1899).
NE Code § 29-2810 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2810 - Person in custody of officer; delivery to another officer prohibited; penalty; exceptions.

29-2810.  Person in custody of officer; delivery to another officer prohibited; penalty; exceptions.If any person of this state shall be committed to prison, or be in custody of any officer for any criminal matter, such prisoner shall not be removed therefrom into the custody of any other officer, unless by legal process, or when the prisoner shall be delivered to some inferior officer to carry to jail, or shall, by order of the proper court, be removed from one place to another within the state for trial, or in case of fire, infection or other necessity; and if any person, after such commitment, shall make out or sign or countersign any warrant for such removal, contrary to this section, he or she shall for every such offense forfeit to the party aggrieved five hundred dollars.Source   G.S.1873, c. 58, § 362, p. 806;   R.S.1913, § 9256;   C.S.1922, § 10285;   C.S.1929, § 29-2810;   R.S.1943, § 29-2810.
NE Code § 29-2811 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2811 - Accessories before the fact in capital cases; not bailable.

29-2811.  Accessories before the fact in capital cases; not bailable.When any person shall appear to be committed by any judge or magistrate, and charged as accessory before the fact to any felony, the punishment whereof is capital, which felony shall be plainly and especially charged in the warrant of commitment, such person shall not be removed or bailed by virtue of sections 29-2801 to 29-2824, or in any other manner than as if said sections had not been enacted.Source   G.S.1873, c. 58, § 363, p. 806;   R.S.1913, § 9257;   C.S.1922, § 10286;   C.S.1929, § 29-2811;   R.S.1943, § 29-2811;  Laws 2015, LB268, § 35;   Referendum 2016, No. 426.   Note: The repeal of section 29-2811 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
NE Code § 29-2812 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2812 - Extradition of citizens of Nebraska for prosecution in sister state; imprisonment for; general prohibition; penalty; exception.

29-2812.  Extradition of citizens of Nebraska for prosecution in sister state; imprisonment for; general prohibition; penalty; exception.No citizen of this state, being an inhabitant or resident of the same, shall be sent a prisoner to any place whatever out of the state, for any crime or offense committed within this state, except in cases specially authorized by law, and every such imprisonment is hereby declared to be illegal. If any such citizen shall be so imprisoned, he may for every such imprisonment maintain an action of false imprisonment, in any court having cognizance thereof, against the person or persons by whom he shall be so imprisoned or transported contrary to law, and against any person who shall contrive, write, seal, sign or countersign any writing for such imprisonment or transportation, or shall be aiding and assisting in the same or any of them, and shall recover triple costs besides damages, which damages, so to be given, shall not be less than five hundred dollars; and every person knowingly concerned in any manner as aforesaid in such illegal imprisonment or transportation, contrary to this section, and being thereof lawfully convicted, shall be disabled from henceforth to bear any office of trust or profit within this state; Provided, if any citizen of this state, or any person or persons at any time resident in the same, shall have committed or shall be charged with having committed any treason, felony or misdemeanor in any other part of the United States or territories where he or she ought to be tried for such offense, he, she or they may be sent to the state or territory having jurisdiction of the offense as provided by the Uniform Criminal Extradition Act of this state.Source   G.S.1873, c. 58, § 364, p. 806;   R.S.1913, § 9258;   C.S.1922, § 10287;   C.S.1929, § 29-2812;   Laws 1935, c. 66, § 28, p. 231;   C.S.Supp.,1941, § 29-2812;   R.S.1943, § 29-2812. Cross References  Uniform Criminal Extradition Act, see section 29-758.Annotations  Courts are bound by construction of extradition laws adopted by Supreme Court of United States and will not review questions of evidence decided by Governor. In re Willard, 93 Neb. 298, 140 N.W. 170 (1913). This section does not authorize extradition without proof that accused is fugitive. Dennison v. Christian, 72 Neb. 703, 101 N.W. 1045 (1904).
NE Code § 29-2813 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2813 - False imprisonment; penalties; action for; limitation.

29-2813.  False imprisonment; penalties; action for; limitation.The penalties recoverable pursuant to sections 29-2801 to 29-2824 shall be recovered by the party aggrieved, his or her executors or administrators, by civil action in any court having cognizance of the same; Provided, no person shall be sued or molested for any offense against the provisions of said sections, unless within two years after the time when such offense shall have been committed; but if the party aggrieved shall then be in prison, then within two years after the decease of the person imprisoned, or his or her delivery out of prison. In every such action it shall be lawful for the defendant to plead the general issue, and give the special matter in evidence.Source   G.S.1873, c. 58, § 365, p. 807;   R.S.1913, § 9259;   C.S.1922, § 10288;   C.S.1929, § 29-2813;   R.S.1943, § 29-2813.
NE Code § 29-2814 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2814 - Warrant or commitment; defects; when harmless.

29-2814.  Warrant or commitment; defects; when harmless.If any person shall be committed to prison, or be in custody of any officer for any criminal matter, by virtue of any warrant or commitment of any magistrate of this state having jurisdiction of such criminal matter, such person shall not be discharged from such imprisonment or custody by reason of any informality or defect of such warrant or commitment; Provided, such warrant or commitment shall show substantially a criminal matter for which such magistrate had jurisdiction so to arrest or commit.Source   G.S.1873, c. 58, § 366, p. 807;   R.S.1913, § 9260;   C.S.1922, § 10289;   C.S.1929, § 29-2814;   R.S.1943, § 29-2814. Annotations This section does not apply where a person is imprisoned in the state penitentiary under sentence imposed by a court of record. Dunham v. O'Grady, 137 Neb. 649, 290 N.W. 723 (1940).
NE Code § 29-2815 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2815 - Applicant in custody of person not an officer; form of writ.

29-2815.  Applicant in custody of person not an officer; form of writ.In case of confinement, imprisonment, or detention by any person not a sheriff, deputy sheriff, coroner, jailer, or marshal of this state, nor a marshal or other like officer of the courts of the United States, the writ of habeas corpus shall be in the form following:The State of Nebraska,ss............... County,The People of the State of Nebraska to the Sheriff of such county, greeting:We command you, that the body of .................., of ..............., by .................. of ............. imprisoned and restrained of his or her liberty, as it is said, you take and have before .................., a judge of our ............ court ................, or, in case of his or her absence or disability, before some other judge of the same court at .................., to do and receive what our judge shall then and there consider ................. concerning him or her in his or her behalf, and summon ................... then and there to appear before our judge to show the cause of the taking and detaining .................; and have you there this writ, with your doings thereon.Witness ................., at ................, this ......... day of .............., in the year ...... .Source   G.S.1873, c. 58, § 367, p. 807;   R.S.1913, § 9261;   C.S.1922, § 10290;   C.S.1929, § 29-2815;   R.S.1943, § 29-2815;   Laws 1988, LB 1030, § 29.  Annotations Court may require person who is shown to have control of prisoner to produce him. Nebraska Children's Home Society v. State, 57 Neb. 765, 78 N.W. 267 (1899).
NE Code § 29-2816 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2816 - Writ; service and return.

29-2816.  Writ; service and return.Such writ may be served in any county by any sheriff of the same or of any other county. When such writ shall be issued by a court in session, if such court shall have adjourned when the same is returned, it shall be returned before any judge of the same court, and if such writ is returned before one judge at a time when the court is in session, he may adjourn the case into the court, there to be heard and determined.Source   G.S.1873, c. 58, § 368, p. 808;   R.S.1913, § 9262;   C.S.1922, § 10291;   C.S.1929, § 29-2816;   R.S.1943, § 29-2816.
NE Code § 29-2817 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2817 - Writ; return by person detaining; contents.

29-2817.  Writ; return by person detaining; contents.In every case in which a writ of habeas corpus has been allowed, the person to whom the writ is directed shall file a return in which he shall plainly and unequivocally state the following: (1) Whether he has or has not the party in his custody or power, or under restraint; (2) if he has the party in his custody or power, or under restraint, he shall set forth at large the authority and the true and whole cause of such imprisonment and restraint, with a copy of the writ, warrant, or other process, if any, upon which the party is detained; and (3) if he has had the party in his custody or power, or under restraint, and has transferred such custody or restraint to another, he shall state particularly to whom, at what time, for what cause and by what authority such transfer was made.Source   G.S.1873, c. 58, § 371, p. 808;   R.S.1913, § 9263;   C.S.1922, § 10292;   C.S.1929, § 29-2817;   R.S.1943, § 29-2817. Annotations  Sufficiency of return raised but not decided. Rhodes v. Houston, 172 Neb. 177, 108 N.W.2d 807 (1961). Where failure to comply with this section was not challenged in trial court, objection thereto could not be raised on appeal. In re Application of Bruno, 153 Neb. 445, 45 N.W.2d 178 (1950). Party to whom writ is directed must set forth in return authority to hold and detain applicant for writ. In re Application of Robinson, 150 Neb. 443, 34 N.W.2d 887 (1948). A person to whom a writ of habeas corpus is directed makes response to the writ, not to the petition therefor. In re Application of Tail, Tail v. Olson, 144 Neb. 820, 14 N.W.2d 840 (1944). In the return to writ of habeas corpus, facts must appear which warrant restraint of party detained. In re Application of Niklaus, Niklaus v. Holloway, 144 Neb. 503, 13 N.W.2d 655 (1944). When return to writ shows relator to be in custody of officer against whom it is directed and no facts appear warrant restraint of respondent, it is duty of court to order his discharge. Rose v. Vosburg, 107 Neb. 847, 187 N.W. 46 (1922). In making return to writ of habeas corpus, officer detaining petitioner is required to set out copy of warrant of arrest and detention. Chandler v. Sipes, 103 Neb. 111, 170 N.W. 604 (1919). In making return by officer, copy of process should be set out or sufficient reason assigned for failure. Urban v. Brailey, 86 Neb. 217, 125 N.W. 543 (1910), affirming 85 Neb. 796, 124 N.W. 467 (1910).
NE Code § 29-2818 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2818 - Writ; return by person detaining; signature and verification.

29-2818.  Writ; return by person detaining; signature and verification.The return or statement shall be signed by the person making it, and it shall be sworn to by him, unless he is a public officer and makes the return in his official capacity.Source   G.S.1873, c. 58, § 372, p. 808;   R.S.1913, § 9264;   C.S.1922, § 10293;   C.S.1929, § 29-2818;   R.S.1943, § 29-2818.
NE Code § 29-2819 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2819 - Writ; return of person detaining; prima facie evidence of cause of detention, when; order for costs.

29-2819.  Writ; return of person detaining; prima facie evidence of cause of detention, when; order for costs.Upon the return of any writ of habeas corpus, issued as aforesaid, if it shall appear that the person detained or imprisoned is in custody under any warrant or commitment in pursuance of law, the return shall be considered as prima facie evidence of the cause of detention; but if the person so imprisoned or detained is restrained of liberty by any alleged private authority, the return of the writ shall be considered only as a plea of the facts therein set forth, and the party claiming the custody shall be held to make proof of such facts. Upon the final disposition of any case arising upon a writ of habeas corpus, the court or judge determining the same shall make such order as to costs as the case may require.Source   G.S.1873, c. 58, § 373, p. 809;   R.S.1913, § 9265;   C.S.1922, § 10294;   C.S.1929, § 29-2819;   R.S.1943, § 29-2819. Annotations  In habeas corpus proceeding against the warden of the state penitentiary, seeking the release of a prisoner, the return to the writ is prima facie evidence of the cause of detention. Goodman v. O'Grady, 135 Neb. 612, 283 N.W. 213 (1939); Sanclaer v. State, 111 Neb. 473, 196 N.W. 686 (1923). Warrant of arrest and detention in hands of officer executing it is prima facie evidence of cause of detention. Chandler v. Sipes, 103 Neb. 111, 170 N.W. 604 (1919). Return of officer is prima facie evidence of facts therein stated. McIntyre v. Mote, 77 Neb. 418, 109 N.W. 763 (1906). Respondent is bound to establish, by evidence, facts set up in return. In re Application of Thomsen, 1 Neb. Unof. 751, 95 N.W. 805 (1901).
NE Code § 29-2820 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2820 - Writ; person detaining; how designated.

29-2820.  Writ; person detaining; how designated.The person having the custody of the prisoner may, in all writs of habeas corpus issued under sections 29-2801 to 29-2824, be designated by his name of office, if he has any, or by his own name; or if both such names are unknown or uncertain, he may be described by an assumed appellation, and any person who is served with the writ shall be deemed the person intended thereby.Source   G.S.1873, c. 58, § 369, p. 808;   R.S.1913, § 9266;   C.S.1922, § 10295;   C.S.1929, § 29-2820;   R.S.1943, § 29-2820.
NE Code § 29-2821 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2821 - Writ; person detained; how designated.

29-2821.  Writ; person detained; how designated.The person to be produced shall be designated by his name, if known, and if that is unknown or uncertain, he may be described in any other way so as to make known who is intended.Source   G.S.1873, c. 58, § 370, p. 808;   R.S.1913, § 9267;   C.S.1922, § 10296;   C.S.1929, § 29-2821;   R.S.1943, § 29-2821.
NE Code § 29-2822 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2822 - Writ; order for safekeeping of person detained.

29-2822.  Writ; order for safekeeping of person detained.When any writ of habeas corpus shall have been allowed, the court or judge to which the same shall be returned, or into which it shall be adjourned, shall, for good cause shown, continue the cause and shall make order for the safekeeping of the person imprisoned, or detain him, as the nature of the case may require.Source   G.S.1873, c. 58, § 374, p. 809;   R.S.1913, § 9268;   C.S.1922, § 10297;   C.S.1929, § 29-2822;   R.S.1943, § 29-2822.