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Habeas Corpus_page 60

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Title (1851) Acts Resolutions and Memorials Passed by the First Annual and Special Sessions of the Legislative Assembly of the Territory of Utah, 1851
Subject Law; Legislation--Utah
Description (1851) Session law from the first legislature of the Utah territory. Organizes government, reenacts laws of Deseret
Publisher By authority of the Legislative Assembly, Great Salt Lake City
Date 1852
Type Text
Format image/jpeg
Digitization Specifications Photocopies scanned with Epson Expression 1640 XL and saved as 400 ppi TIFF's. Display JPEG's created in PhotoshopCS at 800 x 1125 ppi.
Language eng
Rights Management Digital image copyright 2005, S.J. Quinney College of Law. All rights reserved.
Holding Institution S.J. Quinney College of Law, The University of Utah, South 1400 East, Salt Lake City, UT 84112-0730.
Source Physical Dimensions 15 cm x 23.5cm
Metadata Cataloger Kelly Taylor; Jan Robertson
Scanning Technician Amanda Wilson
ARK ark:/87278/s60v8dhv
Setname uu_law_uschs
Date Created 2005-11-08
Date Modified 2012-06-05
ID 716954
Reference URL https://collections.lib.utah.edu/ark:/87278/s60v8dhv

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Title Habeas Corpus_page 60
Description 60 aiode of serv-oriffinal writ with the defendant, or person hoi ding or de-taming such plaintiff or prisoner, and preserving a copy, on which to make the return of service. Sec. 11. If the defendant cannot be found; or if he writ jnay b6 have not the plaintiff in custody; the service shall be made anVperson hoi-upon any person having the plaintiff in custody, in the ding prisoner. same manner and with the same effect as though he had been made defendant therein. Sec. 12. If the defendant conceal himself,1 or refuse admittance to the person attempting to serve the writ; or be Srwif he attempt wrongfully to carry the person out of the county or Territory after the service of the writ as aforesaid, the officer or the person who is attempting to serve, or who has served the writ, as above contemplated, is authorized to arrest the defendant, or other person so resisting, and bring him or them together with the plaintiff forthwith before the officer or court before whom the writ is made returnable. In order to make such arrest the officer or other person having the writ, possesses the same power to execute the same as is given to a sheriff for the arrest of a person charged with felony. ' Sec. 13* The writ of Habeas Corpus must not be dis-l} f ^ obeyed for any defect of form or mis-description of the ectof form'p}amtiff or defendant: Provided, enough is stated to show the meaning and intent of the writ. Service being made in any mode, the defendant must appear at the proper time and place, and answer the petition. He must also bring the body of the plaintiff, or show good cause for not doing so; to get possession of a plaintiff's person, when there is no person appearing to have nim in chage or custody; the same power is given to the officer or per having Qie writ, as is given to sheriff for the arrest of a person charged with felony. \ rmpmonmont Sec 14. A wilful failure to comply with the requisite* fine. tions of this act, renders the defendant or offending party, liable to be attached for a contempt, and to be imprisoned till a compliance is obtained, and also subjects him to a forfeiture of one thousand dollars to the party thereby aggrieved Defendant's Sec. 15 The defendant in his answer must state plain-
Format image/jpeg
Identifier 078_Habeas Corpus_page 60.jpg
Source Original Book: Laws and Ordinances of the State of Deseret (Utah) Compilation 1851
Setname uu_law_uschs
Date Created 2005-11-08
Date Modified 2005-11-08
ID 716754
Reference URL https://collections.lib.utah.edu/ark:/87278/s60v8dhv/716754