320 HABEAS CORPUS. [ART. 43.

6. On any application for a habeas corpus, if it shall be made
appear to the satisfaction of the court or judge that there is pro-
bable cause for believing that the person who may be charged
with confining or detaining the person making the application,
or on whose behalf the same is made, is about to remove the
person so detained from the place where he may then be confined
or detained, for the purpose of evading any writ of habeas
corpus, or for other purpose, or that the person charged as afore-
said would evade or not obey any such writ, then the court or
judge shall insert in the writ of habeas corpus a clause com-
manding the sheriff of the county in which the person charged
as aforesaid may be, to serve the writ on the person to whom
the same may be directed, and to cause the said person imme-
diately to be and appear before the said court or judge, together
with the person so confined or detained.

7. It shall be the duty of the sheriff to whom the writ
mentioned in the preceding section may be delivered, imme-
diately to execute the same, and to carry the person charged
with the detention, together with the person detained, before the
court or judge, who shall proceed to inquire into the subject
matter.

8. If the sheriff to whom any such writ of habeas corpus as is
referred to in the preceding section may be delivered, shall
neglect or refuse immediately to execute the same, and when
executed to make return thereof to the court or judge granting
the same, and take with him the person charged with the deten-
tion, (or one of the persons detaining, if there be more than one,)
together with the person detained, he shall, upon conviction
thereof, forfeit the sum of five hundred dollars, to be paid to the
person in whose behalf such writ of habeas corpus shall have
issued; and if the said person, or some one on his behalf, shall
not prosecute for the same within six months after such neglect
or refusal, then one-half of said forfeiture shall go to the State,
and the other half to the person, who may prosecute for the
same.

9. If any officer or other person to whom a writ of habeas
corpus may be directed, shall neglect or refuse to make return
thereof, or to bring the body of the person detained according to
•the command of said writ, within the time hereinbefore limited,
he shall forfeit to the person detained five hundred dollars.