Sec. 5. Where any prisoner or prisoners brought up on a habeas corpus shall be remanded to prison, it shall be the duty of the municipal court remanding him, her, or them to make out and deliver to the sheriff, or other person or persons to whose custody he, she, or they shall be remanded, an order in writing, stating the cause or causes of remanding him, her, or them. If such prisoner or prisoners shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff or other person or persons upon whom the same shall be served, to return therewith the order aforesaid; and if it shall appear that the said prisoner or prisoners were remanded for an offense adjudged not bailable, it shall be taken and received as conclusive, and the prisoner or prisoners shall be remanded without further proceedings. Sec. 6. It shall not be lawful for the municipal court, on a second writ of habeas corpus obtained by such prisoner or prisoners, to discharge the said prisoner or prisoners, if he, she, or they are proven guilty of the charges clearly and specifically charged in the warrant of commitment with a criminal offense; but if the prisoner or prisoners shall be found guilty, the municipal court shall only admit such prisoner or prisoners to bail, where the offense is bailable by law or ordinance, or remand him, her, or them to prison, where the offense is not bailable; or being bailable, if such prisoner or prisoners shall fail to give the bail required. Sec. 7. No person or persons who have been discharged by order of the municipal court on a habeas corpus, shall be again imprisoned, restrained, or kept in custody for the same cause, unless he, she, or they, be afterwards indicted for the same offense, or unless by the legal order or process of the municipal court wherein he, she, or they are bound by recognizance to appear, the following shall not be deemed to be the same cause. First, if after a discharge for defect of proof, or any material defect in the commitment in a criminal case, the prisoner or prisoners should be again arrested upon sufficient proof and committed by legal process, for the same offense; second, if in a civil suit the {190} party or parties have been discharged for any illegality in the judgment or process, and are afterwards imprisoned by legal process, for the same cause of action; third, generally whenever the discharge has been ordered on account of the non-observance of any of the forms required by law, the party or parties may be a second time imprisoned, if the cause be legal and the forms required by law observed.