History of the Church of Jesus Christ of Latter-day Saints, Volume 5Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 5
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
Sec. 11. If any officer, sheriff, jailer, keeper, or other person
or persons upon whom any such writ shall be served, shall neglect
or refuse to make the returns as aforesaid, or to bring the body
of the prisoner or prisoners according to the command of the said
writ within the time required by this ordinance, all and every such
officer, sheriff, jailer, keeper, or other person or persons shall
be guilty of a contempt of the municipal court who issued said
writ: whereupon the said court may and shall issue an attachment
against said officer, sheriff, jailer, keeper, or other person or
persons, and cause him or them to be committed to {191} the city
or county jail as provided for by the city charter of the city of
Nauvoo, there to remain without bail or mainprize, until he or they
shall obey the said writ; such officer, sheriff, jailer, keeper,
or other person or persons shall also forfeit to the prisoner or
prisoners, party or parties aggrieved, a sum not exceeding one
thousand dollars, and not less than five hundred dollars.
Sec. 12. Any person or persons having a prisoner or prisoners in
his or their custody, or under his or their restraint, power, or
control, for whose relief a writ or writs of habeas corpus is
issued, who, with intent to avoid the effect of such writ or writs,
shall transfer such person or persons to the custody of, or place
him, her, or them under the control of any other person or persons,
or shall conceal him, her, or them, or change the place of his,
her, or their confinement, with intent to avoid the operation of
such writ or writs, or with intent to remove him, her, or them out
of the state, shall forfeit for every such offense one thousand
dollars, and may be imprisoned not less than one year, nor more
than five years. In any prosecution for the penalty incurred under
this section, it shall not be necessary to show that the writ or
writs of habeas corpus had issued at the time of the removal,
transfer, or concealment therein mentioned, if it be proven that
the acts therein forbidden were done with the intent to avoid the
operation of such writ or writs.
Sec. 13. Any sheriff, or his deputy, any jailer or coroner having
custody of any prisoner or prisoners committed on any civil or
criminal process, of any court or magistrate, who shall neglect to
give such prisoner or prisoners a copy of the process, order, or
commitment, by virtue of which he, she, or they are imprisoned,
within six hours after demand made by said prisoner or prisoners,
or any one on his, her, or their behalf, shall forfeit five hundred
dollars.
Public-domain text, read in full here on John Shaqi.
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