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150 Canta of return

101 ProduZIA AIJ.

102 1. Dea of pervs in enstody.

153 Haring on return.

154 Procedure for bearing

1585 Cuetody pending indgment

158. Dimbarge from enstody or restraint

127. Remand of person detained by virtue of process.

1568. Dicharge of person detained by virtue of process.

154. Defect of form in warrant of eommitment

170. Writ for person committed on criminal charge.

1791. Hearing and diaposition where charge or process defective.

1742 Remand to enstody.

170 Recommitment to proper custody.

1564. Imprisonment after discharge.

1596. Warrant in Hen of writ of habeas corpus.

1708. Time of issance and service of writs and process.

1507. Iswance and return of writs and process.

1596. Motion to vacate or correct sentence.

1571. Right to writ of habeas corpus

A person unlawfully imprisoned or restrained of his liberty. under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of the imprisonment or restraint.

1572. Application for writ

Application for the writ of habeas corpus shall be made by petition signed either by the person for whose relief it is intended or by another person in his behalf, and verified by the oath of the person making the application. The petition shall specify:

(1) that the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty;

(2) the officer or person by whom he is so confined or restrained, naming all the parties if they are known or describing them if they are not known;

(3) the place where the person is so confined or restrained; and (4) in what the alleged illegality consists, if the imprisonment is alleged to be illegal.

§ 1573. Grant of writ by district court

The writ of habeas corpus may be granted by the district court or the judge thereof, upon petition by or on behalf of a person restrained of his liberty. When a petition is presented the court or judge shall grant it without delay if it appears that it ought to issue.

§ 1574. Grant of writ by magistrate's court

During the absence of the district judge, the powers conferred upon him and the jurisdiction conferred upon the district court by this chapter may be exercised by a magistrate or a magistrate's court; but the magistrate herein referred to must be other than the one who committed the person to jail. In the event the magistrate or magistrate's court denies the writ, the proceedings may be begun and proceeded with de novo before the district court or judge upon his return. § 1575. Form of writ

The writ shall be directed to the person having custody of or restraining the person on whose behalf the application is made, and shall command him to have the body of that person before the court or judge before whom the writ is returnable at a time and place therein specified.

§ 1576. Service of writ

If the writ is directed to a ministerial officer of the court out of which it issues, it shall be delivered by the clerk to the officer without delay, as other writs are delivered for service. If it is directed to any other person, it shall be delivered to the officer of the court and be by him served upon the person by delivering it to him without delay. If the person to whom the writ is directed can not be found, or refuses admittance to the officer or person serving or delivering the writ, it may be served or delivered by leaving it at the residence of the person to whom it is directed, or by affixing it to a conspicuous place on the outside, either of his dwelling house or of the place where the person is confined or under restraint.

§ 1577. Defect of form; disobedience forbidden

A writ of habeas corpus may not be disobeyed for defect of form, if it sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the court or judge before whom he is to be brought. § 1578. Proceedings upon disobedience to writ

If the person to whom the writ is directed refuses, after service, to obey it, the court or judge, upon affidavit, shall issue an attachment against him, directed to any officer, commanding him forthwith to apprehend that person and bring him immediately before the court or judge; and upon being so brought, he shall be committed to jail until he makes due return to the writ, or is otherwise legally discharged.

§ 1579. Damages for failure to obey writ

If the officer or person to whom the writ is directed refuses obedience to the command thereof, he shall forfeit and pay to the person aggrieved a sum not exceeding $1,000, to be recovered by action in any court of competent jurisdiction.

§ 1580. Contents of return

(a) The person upon whom the writ is served shall state in his return plainly and unequivocally:

(1) whether he has or has not the person in his custody, or under his power or restraint; and

(2) if he has the person in his custody or power, or under his restraint, he shall state the authority and cause of the imprisonment or restraint.

(b) If the person is detained by virtue of a writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original produced and exhibited to the court or judge on the hearing of the return.

(c) If the person upon whom the writ is served had the person in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred the custody or restraint to another, the return shall state particularly to whom, at what time and place, for what cause, and by what authority, the transfer took place.

(d) The return shall be signed by the person making it, and, except when the person is a sworn public officer and makes the return in his official capacity, it shall be verified by his oath.

§ 1581. Production of body

The person to whom the writ is directed, if it is served, shall bring the body of the person in his custody or under his restraint, according to the command of the writ, except in the cases specified in section 1582 of this title.

§ 1582. Illness of person in custody

When, from sickness or infirmity of the person directed to be produced, he can not, without danger, be brought before the court or judge, the person in whose custody or power he is may state that fact in his return to the writ, verifying it by affidavit. If the court or judge is satisfied of the truth of the return, and the return to the writ is otherwise sufficient, the court or judge may proceed to decide on the return and to dispose of the matter as if the person had been produced on the writ, or the hearing thereof may be adjourned until he can be produced.

§ 1583. Hearing on return

Immediately after the return, the court or judge before whom the writ is returned shall proceed to hear and examine the return, and such other matters as may be properly submitted to the hearing and consideration of the court or judge.

§ 1584. Procedure for hearing

The person brought before the court or judge, on the return of the writ, may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful or that he is entitled to his discharge.

The court or judge shall thereupon proceed in a summary way to hear such proof as may be produced against the imprisonment or detention, or in favor of it, and to dispose of the person as the justice of the case may require. The court or judge may require and compel the attendance of witnesses, by process of subpoena and attachment, and do and perform all other acts and things necessary to a full and fair hearing and determination of the case.

§ 1585. Custody pending judgment

Until judgment is given on the return, the court or judge before whom a person may be brought on the writ may commit him to the custody or restraint from which he was taken, or place him in such care or under such custody as his age or circumstances may require. § 1586. Discharge from custody or restraint

If legal cause is not shown for the imprisonment or restraint, or for the continuation thereof, the court or judge shall discharge the person from the custody or restraint under which he is held.

§ 1587. Remand of person detained by virtue of process

If the time during which the person may be legally detained in custody has not expired, the court or judge shall remand him if it appears that he is detained in custody:

(1) by virtue of lawful process issued by a court or judge in a case where the court or judge has jurisdiction; or

(2) by virtue of a warrant or final judgment or decree of a competent court of criminal jurisdiction, or of process issued upon such a warrant, judgment or decree.

§ 1588. Discharge of person detained by virtue of process

If it appears on the return of the writ that the prisoner is in custody by virtue of process from a court of the Canal Zone, or judge or officer thereof, the prisoner may be discharged in any of the following cases, notwithstanding the provisions of section 1587 of this title:

(1) when the jurisdiction of the court or officer has been exceeded;

(2) when the imprisonment was at first lawful, yet by some act, omission, or event which has taken place afterwards, the party has become entitled to a discharge;

(3) when the process is defective in a matter of substance required by law, rendering the process void;

(4) when the process, though proper in form, has been issued in a case not allowed by law;

(5) when the person having custody of the prisoner is not the person allowed by law to detain him;

(6) where the process is not authorized by an order, judgment or decree of a court, nor by a provision of law; or

(7) where a person has been committed on a criminal charge without reasonable or probable cause.

§ 1589. Defect of form in warrant of commitment

If a person is committed to prison, or is in custody of an officer on a criminal charge, by virtue of a warrant of commitment of a court, the person may not be discharged on the ground of a mere defect of form in the warrant of commitment.

§ 1590. Writ for person committed on criminal charge

A person who has been committed on a criminal charge may be brought before the district judge on a writ of habeas corpus.

§ 1591. Hearing and disposition where charge or process defective

If it appears to the court or judge by affidavit or otherwise or upon the inspection of the process or warrant of commitment and such other papers in the proceedings as may be shown to the court or judge, that the person is guilty of a criminal offense or ought not to be discharged, although the charge is defective or not substantially set forth in the process or warrant of commitment, the court or judge shall cause the complainant or other necessary witnesses to be subpoenaed to attend at such time as ordered, to testify before the court or judge; and upon the examination he may discharge the prisoner, admit him to bail if the offense is bailable, or recommit him to custody, as may be just and legal.

§ 1592. Remand to custody

If a person brought before the court or judge on the return of the writ is not entitled to his discharge, and is not bailed, where bail is allowable, the court or judge shall remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was is legally entitled thereto.

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§ 1593. Recommitment to proper custody

If a person is held under illegal restraint or custody, or another person is entitled to the restraint or custody of the person, the judge or court may order the person to be committed to the restraint or custody of the person who is by law entitled thereto.

§ 1594. Imprisonment after discharge

A person who has been discharged by order of the court or judge upon habeas corpus may not be again imprisoned or restrained, or kept in custody, for the same cause, except in the following cases:

(1) if he has been discharged from custody on a criminal charge, and is afterwards committed for the same offense, by legal order or process; or

(2) if, after a discharge for defect of proof, or for defect of the process, warrant or commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the preceding offense.

§ 1595. Warrant in lieu of writ of habeas corpus

(a) When it appears to the district court or judge that anyone is illegally held in custody, confinement or restraint, and that there is reason to believe that he will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer an irreparable injury before compliance with the writ of habeas corpus can be enforced, the court or judge may cause a warrant to be issued, reciting the facts, and directed to any court officer, commanding the officer to take the person thus held in custody, confinement or restraint, and forthwith bring him before the court or judge, to be dealt with according to law.

(b) The court or judge may also insert in the warrant a command for the apprehension of the person charged with the illegal detention and restraint.

(c) The officer to whom the warrant is delivered shall execute it by bringing the person or persons therein named before the court or judge who directed the issuing of the warrant.

(d) The person alleged to have the person under illegal confinement or restraint may make return to the warrant as in case of a writ of habeas corpus, and it may be denied, and like allegations, proofs and trial may thereupon be had as upon a return to a writ of habeas

corpus.

(e) If the person is held under illegal restraint or custody, he shall be discharged; and if not, he shall be restored to the care or custody of the person entitled thereto.

§ 1596. Time of issuance and service of writs and process

All writs and process authorized by this chapter may be issued and served on any day and at any time.

§ 1597. Issuance and return of writs and process

(a) All writs, warrants, process and subpoenas authorized by this chapter shall be issued by the clerk of the court, and, except subpoenas, be sealed with the seal of the court and served and returned forthwith, unless the court or judge specifies a particular time for the return.

(b) All such writs and process, when made returnable before a judge, shall be returned before him at the place of holding court, and there heard and determined.

§ 1598. Motion to vacate or correct sentence

Section 2255 of Title 28, United States Code, applies to prisoners in custody under sentences of the district court, but it does not apply to prisoners in custody under sentences of the magistrates' courts.