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Chapter 10_page_039

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Title (1866) Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866
Subject Law
Description (1866) The Fifteenth Legislature, 1865, passed an act to print the laws as prepared and reported by the Joint Committee on Revision and Compilation, including laws of the current session. No 1865 session law was printed because these acts were incorporated into the 1866 compilation.
Publisher Legislative Assemblye of the State of Utah
Date 1866
Type Text
Format image/jpeg
Digitization Specifications Photocopies scanned with Epson Expression 1640 XL and saved as 400 ppi uncompressed TIFF's. Display JPEG's created in PhotoshopCS at 800 x 1125 ppi
Identifier KFU30 1866 .A193
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
Source Physical Dimensions 15 cm x 23.5cm
Metadata Cataloger Kelly Taylor
Scanning Technician Amanda Wilson
ARK ark:/87278/s6w37x2b
Setname uu_law_uschs
Date Created 2005-11-15
Date Modified 2006-01-25
ID 717212
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b

Page Metadata

Title Chapter 10_page_039
Description LAWS OF UTAH. sworn to, and signed by the prisoner, or some person on hi3, her, or their behalf, set ting forth the facts concerning his, her, or their imprisonment, and in whose custody he, she, or they are detained, and shall be accompanied by a copy of the warrant Oi warrants of commitment, or an affidavit that the said copy had been demanded of th( person or persons in whose custody the prisoner or prisoners are detained, and by hi a. or them refused, or neglected to be given. Sec. 2.-Upon the presentation of the foregoing petition to any court having'jurisdiction, the Writ of Habeas Corpus shall be awarded, unless it shall appear from the petition itself, or the documents annexed, or the showing of the petitioner, the party so applying would not be entitled to any relief. Sec. 3.-The Writ of Habeas Corpus may be allowed by the Supreme, District, or Probate Court, or any Judge thereof, and may be served in any part of the Territory. Sec. 4.-Application for this writ must be made to the court or judge most convenient in point of distance to the applicant, and the more remote court or judge, if applied to for the writ, may refuse the same, unless a sufficient reason be adduced in thy petition for not making application to the more convenient court or judge. Sec. 5.-When the writ shall be awarded, it shall appear under the seal of court issuing the same, or if it be issued by any judge it shall be signed by him, and shall bo substantially in the following words, to wit: Territory of Utah,'» County of-------J To the Marshal, or Sheriff, officer, or to A. B. (as tho case may be,) You are hereby commanded to have the body of C. I>., by you detained as alleged, before the court, or before me, E. F., Judge, &c, (as the case may be,) at-------,on-------, or forthwith, after being served with this writ, to be dealt with according to law, and to abide such order as the court or judge shall make in the premises; and have you then and there this writ, with a return of your doings in the premises. Sec. 0.-When the writ is disallowed, the court or judge shall cause the reasons of said disallowance to be appended to the petition, and returned to the person applying" for the writ. Sec. 7.-To the intent that no officer, sheriff, jailor, constable, or other person or persons whatsoever, upon whom such writ shall be served, may pretend ignorance thereof, such writ or copy thereof shall be endorsed Avith the following words: "By the Habeas Corpus Act," and all persons upon whom such writs shall be served, holding said prisoner or prisoners, shall make return of such writ, and shall bring or cause to be brought the body or bodies of such person or persons before the court or judge? issuing said writ according to the requirements of the same. Sec. 3.-Whenever the Court or Jndge, authorized to grant this writ, has evidence that any person within the jurisdiction of such court or judge is unjustly imprisoned or restrained of his liberty, it is the duty of each court or judge to issue,, or cause to be issued, the writ as aforesaid, though no application be made therefor. Sec. 9.-The writ may be served by the officer, or by any other person appointed for that purpose by the court or judge by whom it is issued or allowed. If served by any other person than the officer, he possesses the same power and is liable to the some penalty for a non-performance of his duty as though he were the officer. Sec. 10.-The proper mode of service is by leaving the original writ with the defendant or person holding or detaining such plaintiff or prisoner, and preserving a copy on which to make the return o'f service. Sec. 11.--If the defendant cannot be found, or if he have not the plaintiff in custody, the service shall be made upon any person having the plaintiff in custody, in the manner and with the same effect as though he had been made defendant therein. Sec. 12.-If the defendaivt conceal himself, or refuse admittance to the person attempting to serve the writ, or if 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 au thorized to arrest the defendant, or other person so resisting, and bring him or then together with the plaintiff forthwith before the officer or court before whom the wrl is made returnable. In order to make such arrest, the officer or other person havim the writ possesses the same power to execute the same as is given to a sheriff for tt arrest of a person charged with felony. Sec. 13.-The Writ of Habeas Corpus must not be disobeyed for any defect of form or mis-description of the plaintiff* or defendant: Provided, enough is stated to show the meaning and intent of the writ. Service being made in any mode, the defendantmust appear at the proper time and place, and answer the petition. He must also bring the body of the plaintiff, or sIioav good cause for not doing so; to get possession of a plaintiff's person, when there is no person appearing to have him in charge or custody, the same power is given to the officer or i)orson having the writ, as is given to the sheriff for the -arrest of a person charged with felony.
Format image/jpeg
Identifier 046_Chapter 10_page_039.jpg
Source Original Book: Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866
Setname uu_law_uschs
Date Created 2005-11-15
Date Modified 2005-11-15
ID 717000
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b/717000