ART. 42.] JURISDICTION AND PROCEDURE. 1187

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 commanding 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 immediately to be and appear before the said court
or judge, together with the person so confined or detained.

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 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.

Ibid, 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 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 pro-
secute for the same.'

Ibid. 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 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.