1064 HABEAS CORPUS. [ART. 42

1904, art. 42, sec. 5. 1888, art. 42, sec. 5. 1860, art. 43, sec. 5.
1809, ch. 125, sec. 1.

5. But if the person detained is to be brought more than twenty
miles, the officer or other person shall be allowed so many days more
to bring him in, as will be equal to one day for every twenty miles of
such further distance.

Ibid. sec. 6. 1888, art. 42, sec. 6. 1860, art. 43, sec. 6.
1819, ch. 137, sec. 1.

6. On any application for a habeas corpus, if it shall be made to
appear to the satisfaction of the court or judge that there is probable
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 aforesaid 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 afore-
said may be, to serve the writ on the person to whom the same may be
directed, and to cause the said person immediately to be and appear
before the said court or judge, together with the person so confined or
detained.

Ibid. sec. 7. 1888, art. 42, sec. 7. 1860, art. 43, sec. 7.
1819, ch. 137, sec. 1.

7. It shall be the duty of the sheriff to whom the writ mentioned in
the preceding section may be delivered immediately 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.

Ibid. sec. 8. 1888, art. 42, sec. 8. 1860, art. 43, sec. 8.
1819, ch. 137, sec. 2.

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 detention (or one of the persons detain-
ing, 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.

Ibid. sec. 9. 1888, art. 42, sec. 9. 1860, art. 43, sec. 9.
1809, ch. 125, sec. 3.

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