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126
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HABEAS CORPUS. [ART. 43.
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Provisos
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the said court or judge granting the same ; provided,
the person detained be not committed or detained for
treason or felony plainly expressed in the warrant
of commitment, or be not convict or in execution
by legal process ; and provided, that if the person
detained be so detained under color of a warrant of
commitment, the petition presented by him or on his
behalf be accompanied by a copy of the warrant of
commitment or detainer or cause of commitment or
detainer, or otherwise by an affidavit that a copy
thereof was demanded by him of the person in whose
custody the prisoner is detained, and the same was
neglected or refused to be given; and provided, that
if the detainer is on any other color or pretence, there
be probable ground shown to the court or judge that
the person by or on whose behalf the said application
is made, is detained without just cause ; but nothing
herein shall prevent the issuing of a writ of habeas
corpus at the instance of a person arrested on a
charge of any. offence which is bailable by law, in
order that be may be discharged on bail in the usual
course of law.
In force from February 1, 1862.
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1867, c. 415 repeals section 4 and enacts the following in lieu thereof-
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1807, c 415
Service of writ.
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4. The writ of habeas corpus shall be served by
delivering it to the officer or other person to whom
it is directed, or by leaving it at the prison or place
in which the party suing it out is detained, and such
officer or otter person shall forthwith, or within
such reasonable time as the court shall direct, make
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Return
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his return of the writ and cause the person, detained
to be brought before the court or judge, according
to the command of the writ, and shall likewise certify
the true cause of his detainer or imprisonment (if any)
or under what color or pretence such person is con-
fined or restrained of his liberty.
In force from March 18, 1867.
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