ART. 43.] HABEAS CORPUS. 321

10. Any person committed or detained, or any person in his
behalf, may demand a true copy of the warrant of commitment
or detainer; and any officer or other person who shall neglect or
refuse to deliver a true copy of the warrant of commitment or
detainer, if any there be, within six hours after the same shall
have been demanded, shall forfeit to the person detained five
hundred dollars. The right of action to recover which, or to
recover the forfeiture in the next preceding section, shall not
cease by the death of either or both of the parties.

11. On the return of a writ of habeas corpus, and producing
the person detained, and the cause of his detention before the
court or judge who granted the writ, the court or judge shall
immediately inquire into the legality and propriety of such con-
finement or detention, and if it shall appear that such person is
detained without legal warrant or authority, he shall imme-
diately be released or discharged; or if the court or judge shall
deem his detention to bo lawful and proper, he shall be remanded
to the same custody, or admitted to bail, if his offence be bail-
able; and if bailed, the court or judge shall take a recognizance
to answer in the proper court, and shall transmit the same to
such court.

12. Any person at whose instance or in whose behalf a writ
of habeas corpns has been issued, may controvert by himself or
his counsel the truth of the return thereto, or may plead any
matter by which it may appear that there is not a sufficient legal
cause for his detention or confinement; and the court or judge,
on the application of the party complaining, or the officer or
other person making the return, shall issue process for witnesses
or writings, returnable at a time and place to be named in such
process, which shall be served and enforced in like manner as
similar process from courts of law is served and enforced; but
before issuing such process, the court or judge shall be satisfied
by affidavit or otherwise of the materiality of such testimony.

13. If the court or judge granting the habeas corpus shall not
be in session, or absent at the return thereof, the said writ shall
be returned before any other court or judge.

14. No person who shall be released upon habeas corpus, shall
afterwards be imprisoned or committed for the same offence,
unless he be surrendered by his bail, or convicted of the offence
for which he gave bail.
VOL. I.—21