Page:United States Statutes at Large Volume 31.djvu/476

424 FIFTY-SIXTH coneasss. sm. 1. cn. rss. 1900. or it must be alleged that, by reason of the removal or concealment of the arty before the application, a demand of such copy could not be madld, or that such demand was made, and the legal fees therefor tendered to the person having the party in his custody, and that a copy was refused; _ Fifth. If the imprisonment or restraint be alleged to be illegal, in what the alleged illegality consists; Sixth. That the legality of the imprisonment or restraint has not been already adjudged upon a prior writ of habeas corpus to the knowledge or belief of the petitioner. Wim allowed- Sec. 570. The court or judge to whom the petition is presented must allow the writ without delay, unless itxappears from the petition itself, or from the documents annexed thereto, that the person for whose relief it is intended is by the provisions of this chapter prohibited from prosecuting the writ. Upon the filing of the petition and the order of allowance with the clerk, the clerk shall issue the writ immediately in accordance therewith. coggg lh° l"i'° Shall Sec. 571. The writ shall command the defendant to produce the per- ` son imprisoned or restrained, by whatsoever name he may be char ed or called, and certify and return therewith the time and cause of ghis imprisonment or restraint, before the court or judge allowing the writ, at a time and place therein specified, or immediately after the receipt of the writ, to do and receive what shall then and there be considered concerning the person so imprisoned or restrained; or when it appears by the petition and documents thereto annexed that the cause or offense for which the person is imprisoned or restrained is not bailable, the production of the party may be dispensed with, though such production be prayed for in the etition, and the writ issued accordingly. foilglajiltlglg Qg;•<,§>€>‘¢“ Sec. 572. The writ shall not be disobeyed for any defect of form. ` It is sufficient- First. If the officer or person having the custody of the party imprisoned or restrained be designated either by his name of office, if he have any, or by his own name, or if both such names be unknown or uncertain, he may be described by an assumed appellation; and anyone who may be served with the writ is to be Aee1ned the officer or person to whom it was directed, although it may be directed to him by a wrong name or descritption, or to another person; Second. If the person w o·-is directed to be produced be designated by name, or if his name be uncertain or unknown, he may be described in any other way, so as to designate the person intended. hllglal tllla mum Sec. 573. The officer or person upon whom the writ shall havebeen Q 8 wu m` duly served shall state in his return, lainly and unequivocally- First. Whether he has or has not the party in his custody or power or under his restraint, and if he have not, whether he has had the party in his custody or under his power or restraint at any and what time prior or subsequent to the date of the writ; Second. If he has the party in his custody or power, or under his restraint, the authority and true cause of such imprisonment or `restraint, setting forth the same at large; Third. If the party be detained by virtue of any writ, warrant, or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited on the return of the writ to the court or judge before whom the same is returnable; Fourth. If the person upon whom such writ shall have been served shall have had the party in his power or custody or under his restraint at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause, and by what authority such transfer took place. The return shall be signed by the person making the same, and, except where such person shall be a sworn