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liberty, for the same cause, except as provided in the last section, any person so discharged, or knowingly direct or assist therein, he shall forfeit to the party aggrieved one thousand dollars, and be also guilty of a misdemeanor.

§ 1340. Any person, having in his custody or power, or under his restraint, a party, who, by the provisions of this chapter, would be entitled to a writ of deliverance or for whose relief a writ of deliverance has been issued, who, with intent to elude the service of the writ, or to avoid the effect thereof, transfers the party to the custody, or places him under the power or control, of another, or conceals or changes the place of his confinement, is guilty of a misde

meanor.

§ 1341. Every person who knowingly assists, in the violation of the last section, is guilty of a misde

meanor.

§ 1342. Every person, convicted of an offence under either of the last four sections, may be punished by fine and imprisonment, or both, in the discretion of the court, in which he is convicted; but such fine cannot exceed one thousand dollars, nor such imprisonment six months.

§ 1343. Whenever it appears by satisfactory evidence that any person is held in illegal confinement, and that there is reason to believe, that he will be carried out of the state, or suffer irreparable injury before he can be relieved, by the issuing of a writ of delivererance, any court or judge, authorised to issue such writ, may issue a warrant, directed to any sheriff, constable or other person, reciting the facts, and commanding such officer or person to take the party and forthwith to bring him before the court or judge.

§ 1344. When the evidence, mentioned in the last section, is also sufficient to justify an arrest of the person having the party in his custody, as for a criminal offence committed in the taking or detaining of the party, the warrant must also contain an order for the arrest of such person for the offence.

§ 1345. Any officer or person, to whom the warrant is directed, must execute the same, by bringing the prisoner therein named, and the person who detains him, if so commanded by the warrant, before the court or judge issuing it; and thereupon the person, detaining the party, must make a return in the same manner, and the same proceedings must be had thereon as if a writ of deliverance had been issued in the first instance.

§ 1346. If the person, having the party in his custody, be brought before the court or judge, as for a criminal [CIVIL CODE.]

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offence, he must be examined, committed, bailed or discharged, by the court or judge in the same manner as in other criminal cases of the like nature.

§ 1347. Any officer or other person refusing to deliver a copy of an order, warrant, process, or other authority, by which he detains a person, to any one who demands it, and tenders the fees therefor, shall forfeit two hundred dollars to the person so detained.

§ 1348. Whenever a writ of deliverance is required, in any action or matter, civil or criminal, to which the people of this state are a party, the application therefor may be made by the attorney general, or by the district attorney having charge thereof, and whenever so issued, the court or judge allowing it, must state in the endorsement of the allowance, that it was issued on such application.

§ 1349. A writ of deliverence must be served by an elector of this state, and the service thereof is not deemed complete, unless the person, serving it, tenders to the person, in whose custody the prisoner may be, if such person be a sheriff, coroner, constable or marshal, the fees allowed by law for bringing up the party, nor unless he also give an undertaking to such officer, to the effect that the charges of carrying back the party, if remanded, shall be paid, and that he shall not escape by the way, either in going to or returning from the place to which he is to be taken. But this section

does not apply to a case, where the writ is issued on the application of the attorney general, or by the district attorney.

§ 1350. The writ of deliverance may be served, by delivering the same to the person to whom it is directed, or if he cannot be found, by leaving it at the jail, or other place, in which the party is confined, with any under officer or other person of proper age, having charge for the time, of such party.

§ 1351. If the person, on whom the writ ought to be served, conceal himself, or refuse admittance to the person attempting to serve it, it may be served by affixing it, or a copy thereof, in some conspicuous place on the outside, either of his dwelling house, or of the place where the party is confined.

§ 1352. It is the duty of every sheriff, coroner, constable or marshal, upon whom a writ of deliverance has been served, whether such writ be directed to him or not, upon payment or tender of the fees allowed by law, and the delivery or tender of the undertaking herein prescribed, to obey and return the writ, according to the exigency thereof; and it is the duty of every other person, upon whom the writ is served, having the custody of the person, for whose benefit it is issued, to obey and return it according to the command thereof, without requiring any undertaking, or the payment of

any fees, unless the payment of such fees has been required by the judge issuing the writ.

§ 1353. Every judge, allowing a writ of deliverance directed to a person other than a sheriff, coroner, constable or marshal, may, in his discretion, require in order to render the service effectual, that the charges of bringing up party, be paid by the applicant; and in such case he must, in the allowance of the writ, specify the amount of such charges, which cannot exceed the fees allowed by law to sheriffs for similar services.

§ 1354. If the writ be returnable at a certain time, such return must be made, and the party produced, at the time and place specified therein; if it be returnable forthwith, and the place be within twenty miles of the place of service, the return must be made and the party produced within twenty-four hours, and the same time is allowed for every additional twenty miles.

§ 1355. No question once finally adjudged upon a writ of deliverance, can be re-examined upon a subsequent writ of deliverance.

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