Sixth. When the order or process is not authorized by any judgment of any court, nor by any provision of law.

and process not to

SEC. 582. But no court or judge, on the return of a writ of habeas Legality of cercorpus, has power to inquire into the legality or justice of any order, tain judgments judgment, or process specified in section five hundred and sixty-seven, be inquired into. nor into the justice, propriety, or legality of any commitment for a contempt made by a court, officer, or body, according to law, and charged in such commitment, as provided by law.

On commitment

ceed.

SEC. 583. If it appear that the party has been legally committed for a criminal offense, or if he appear by the testimony offered with the for criminal ofreturn, or upon the hearing thereof, to be probably guilty of such fenses, how to prooffense, although the commitment be irregular, he shall forthwith be remanded to the custody or placed under the restraint from which he was taken, if the officer or person under whose custody or restraint he was be legally entitled thereto; if not so entitled, he shall be committed to the custody of the officer or person so entitled.

party.

SEC. 584. Until judgment be given upon the return, the party may Until judgment either be committed to the custody of the marshal or placed in such given, how to be kept. care or under such custody as his age and other circumstances may require. SEC. 585. When it appears, from the return to the writ, that the When notice to party named therein is in custody on an order or process under which be given to third another person has an interest in continuing his imprisonment or restraint, no order shall be made for his discharge until it shall appear that the party so interested, or his attorney, shall have had notice of the time and place at which such writ shall have been made returnable. SEC. 586. When it appears from the return that the party is imprisoned or restrained on a criminal accusation, the court or judge shall make no order for his discharge until notice of the return is given to the district attorney.

Notice, when given to the dis

trict attorney.

Return may be

SEC. 587. The plaintiff in the proceeding, on the return of the writ, may, by replication, verified as in an action, controvert any of the controverted. material facts set forth in the return, or he may allege therein any fact to show, either that his imprisonment or restraint is unlawful, or that he is entitled to his discharge; and thereupon the court or judge shall proceed in a summary way to hear such evidence as may be produced in support of the imprisonment or restraint, or against the same, and to dispose of the party as the law and justice of the case may require.

Pleadings on the

SEC. 588. The plaintiff may demur to the return, or the defendant may demur to the new matter, if any, set forth in the replication of return. the plaintiff, or by proof controvert the same, as upon a direct denial or avoidance. The pleadings herein provided for shall be made within such time as the court or judge shall direct, and they shall be construed and have the same effect as in an action.

When produc

SEC. 589. Whenever, from the sickness or infirmity of the party, he can not without danger be produced, the officer or person in whose tion of person discustody he is may state that fact in his return to the writ, and if sat- pensed with. isfied of the truth of the allegation, and the return be otherwise sufficient, the court or judge shall proceed to decide on the return and to dispose of the matter in the same manner as if the party had been produced.

SEC. 590. If it appear that the party detained is illegally imprisoned Judgment of disor restrained, judgment shall be given that he be forthwith discharged; charge or dismissal otherwise judgment shall be given that the proceeding be dismissed of proceedings. and the party remanded.

SEC. 591. Notwithstanding the issuing of the writ without requiring Precept requirthe production of the person, the court or judge before whom the ing the production of the person. same was returnable may, before final decision, issue a precept to the officer or other person to whom the writ was directed, requiring the production of the person.

Obedience to SEC. 592. Obedience to a judgment for the discharge of a person judgment of dis- imprisoned or restrained, pursuant to the provisions of this chapter, charge, how en- may be enforced by the court or judge by proceedings for a contempt. No officer or other person is liable to any action or proceeding for obeying such judgment of discharge.

forced.

Person once dis

SEC. 593. No person who has been finally discharged upon a procharged not again ceeding by habeas corpus, pursuant to the provisions of this chapter, imprisoned. shall be again imprisoned, restrained, or kept in custody, for the same cause; but it is not to be deemed the same cause

When warrant

habeas corpus.

First. If he have been discharged from a commitment on a criminal charge, and be afterwards committed for the same offense by the legal order or process of the court, wherein he is bound by recognizance or undertaking to appear, or in which he is indicted or convicted for the same offense; or,

Second. If, after a judgment or discharge for a defect of evidence, or for a material defect in the commitment, in a criminal case, the party be again arrested on sufficient evidence, and committed by legal process for the same offense; or,

Third. If, after a civil action, the party have been discharged for any illegality in the judgment, decree, or process hereinbefore specified, and be afterwards imprisoned for the same cause of action; or,

Fourth. If, in a civil action, he have been discharged from commitment on a writ of arrest, and be afterwards committed on execution, in the same action, or on a writ of arrest in another action, after the dismissal of the first one.

SEC. 594. Whenever it appears by satisfactory evidence that any to issue in lieu of person is illegally imprisoned or restrained, and that there is good reason to believe that he will be carried out of the district, or suffer some irreparable injury before he can be relieved by the issuing of a writ of habeas corpus, any court or judge authorized to issue such writ may issue a warrant reciting the facts, and directed to the marshal or any other person therein designated, commanding such officer or person to take such person, and forthwith to bring him before such court or judge, to be dealt with according to law.

Arrest of the

person having custody of the party.

Warrant, how executed and the proceedings there

on.

Person arrested

SEC. 595. When the proof mentioned in the last section shall also be sufficient to justify an arrest of the person having the party in his custody, as for a criminal offense, committed in the taking or detaining of such party, the warrant may also contain an order for the arrest of such person for such offense.

SEC. 596. Any officer or person to whom such warrant shall be directed shall execute the same by bringing the party therein named and the person who detains him, if so commanded by the warrant, before the court or judge issuing the same; and thereupon the person detaining such party shall make a return in like manner, and the like proceeding shall be had thereon as if a writ of habeas corpus had been issued in the first instance.

SEC. 597. If the person having such party in his custody be brought to be committed or before the court or judge as for a criminal offense, he shall be examined, committed, bailed, or discharged by the court or judge in like manner as in other criminal cases of the like nature.

bailed.

Penalty for reSEC. 598. Any officer or other person refusing to deliver a copy of fusing copy of any order, warrant, process, or other authority by which he shall detain any person to anyone who shall demand such copy and tender the fees therefor shall forfeit two hundred dollars to the person so detained.

order.

When district

attorney may apply for a writ.

Service of writ.

SEC. 599. Whenever a writ of habeas corpus is required in any action or proceeding, civil or criminal, to which the United States is a party, the application therefor may be made by the district attorney, and whenever so issued the court or judge shall state in the order of allowance that it was issued on such application.

SEC. 600. A writ of habeas corpus may be served by the marshal,

-tender of fees

or by any other person therein designated, at any place within the district, and the service thereof shall not be deemed complete, so as to require the prisoner to be brought up before the court or judge issuing the same, unless the party serving the same shall tender to the person in whose custody the prisoner may be, if such person be a mar- and undertaking. shal or other officer, the fees allowed by law for bringing up such prisoner; nor unless he shall also enter into an undertaking to such marshal or other officer, as the case may be, in a penalty double the amount of the sum for which such prisoner may be detained, if he be detained for any specific amount of money, and if not, then in such a sum as the judge granting the writ shall direct, not exceeding one thousand dollars, to the effect that such person shall pay the charges for carrying back such prisoner if he shall be remanded, and that such prisoner will not escape by the way, either in going to or returning from the place to which he is taken. If such fees be not paid, or such security be not tendered, the officer to whom the writ is directed shall make return thereto, in the manner required by section five hundred and seventy-three, and shall state therein the reason why such prisoner is not produced, and thereupon the court or judge granting the writ may proceed as if the prisoner were produced. But this section, from and inclusive of the words "and the service thereof," does not apply to a case wherein the writ is issued on the application of the district attorney.

SEC. 601. The writ of habeas corpus may be served by delivery of a certified copy of the original to the officer or person to whom it is directed, or, if he can not be found, by leaving such copy at the jail or other place in which the party is imprisoned or restrained, with any under officer or other person having charge for the time of such party.

How served.

-in case of con

SEC. 602. If the officer or person on whom the writ ought to be served conceal himself, or refuse admittance to the person attempting cealment, etc. to serve it, it may be served by affixing it in some conspicuous place on the outside either of his dwelling house or the jail or other place where the party is confined.

Duty to obey

SEC. 603. It is the duty of the marshal or other officer upon whom a writ of habeas corpus has been served, whether such writ be directed writ. to him or not, upon payment or tender of the fees allowed by law and the delivery or tender of the undertaking herein prescribed, to obey and return the writ according to the exigency thereof; and it is the duty of every other person upon whom the writ is served, having the custody of the person for whose benefit it is issued, to obey and return. it in like manner without requiring the payment of any fees, unless the judgment of such fees has been required by the court or judge allowing such writ.

SEC. 604. Every court or judge allowing a writ of habeas corpus, directed to a person other than the marshal or other officer, may, in its discretion, require, in order to render the service effectual, that the charges of producing the party be paid by the applicant; and in such case the court or judge shall, in the order allowing the writ, specify the amount of such charges, which shall not exceed the fees allowed by law to marshals for similar services.

SEC. 605. The proof of service of the writ of habeas corpus shall be the same as in the service of a summons, except that the same shall be indorsed upon a copy of the writ made by the officer or person serving it, and returned to the clerk who issued the writ.

When charges for producing parmay be ordered paid.

Proof of service.

Within what

SEC. 606. If the writ be returnable at a certain time, such return time return to be shall be made and the party produced, if required or there be no valid made. excuse therefor, as herein provided, at the time and place specified therein; if it be returnable forthwith, and the place of return be within twenty miles of the place of service, the return must be made and the

party produced within twenty-four hours, and the same time is allowed. for every additional twenty miles.

What court has jurisdiction.

Appeal from judgment.

SEC. 607. At any time after the allowance of such writ or warrant by the court or judge thereof, the plaintiff therein, or the person applying therefor on his behalf, may give notice to the judge issuing the same, and thereupon, if necessary to avoid delay, such judge shall by order require that the return be made and the party produced before him at such time and place as may be convenient.

SEC. 608. Any party to a proceeding by habeas corpus, including the United States when the district attorney appears therein, may appeal from the judgment of the district court refusing to allow such writ or any final judgment therein, either in term time or vacation, in like question not manner and with like effect as in an action. No question once finally to be reexamined., determined upon a proceeding by habeas corpus shall be reexamined upon another or subsequent proceeding of the same kind.

Contempts de

fined.

SEC. 609. The following acts or omissions, in respect to a court of justice, or proceedings therein, are deemed to be contempts of the authority of the court:

First. Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority or to interrupt the due course of a trial or other judicial proceeding;

Second. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding;

Third. Misbehavior in office, or other willful neglect or violation of duty, by an attorney, clerk, marshal, or other person appointed or selected to perform a judicial or ministerial service;

Fourth. Deceit, or abuse of the process or proceedings of the court, by a party to an action or special proceeding;

Fifth. Disobedience of any lawful judgment, order, or process the court;

of

Sixth. Assuming to be an attorney or other officer of the court, and acting as such without authority in a particular instance;

Seventh. Rescuing any person or property in the custody of an officer by virtue of an order or process of such court;

Eighth. Unlawfully detaining a witness or party to an action or proceeding while going to, remaining at, or returning from the court where the same is for trial;

Ninth. Any other unlawful interference with the process or proceedings of the court;

Tenth. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness;

Eleventh. When summoned as a juror in a court, improperly conversing with a party to an action or proceeding to be tried at such court, or with any other person in relation to the merits of such action, or proceeding, or receiving a communication from a party or other

person in respect to it without immediately disclosing the same to the court;

Twelfth. Disobedience by an inferior tribunal, magistrate, or officer of the lawful judgment, order, or process of a superior court, or proceeding in an action or proceeding contrary to law, after such action. or proceeding shall have been removed from the jurisdiction of such inferior tribunal, magistrate, or officer. The conduct specified in subdivisions first and second of this section, when committed before a judicial officer, or disobedience of the lawful order or process of such officer made in the cases specified in section seven hundred and eleven, is also to be deemed a contempt of the authority of such officer. SEC. 610. Every court of justice and every judicial officer has to punish contempt by fine or imprisonment, or both. But such fine contempt. shall not exceed three hundred dollars nor the imprisonment six months; and when the contempt is not one of those mentioned in subdivisions first and second of the last section, or in subdivision first of section seven hundred and eleven it must appear that the right or remedy of a party to an action or proceeding was defeated or prejudiced thereby before the contempt can be punished otherwise than by fine not exceeding one hundred dollars.

power

SEC. 611. When a contempt is committed in the immediate view and presence of the court or officer, it may be punished summarily, for which an order must be made reciting the facts as occurring in such immediate view and presence, determining that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. In other cases of contempt the trial shall proceed upon testimony produced as in criminal cases and the accused shall be entitled to be confronted with the witnesses against him, but such trial shall be by the court or, in the discretion of the court, upon application of the accused, a trial by jury may be had as in any criminal case.

SEC. 612. In cases other than those mentioned in the section last preceding, before any proceedings can be taken therein the facts constituting the contempt must be shown by an affidavit presented to the court or judicial officer, and thereupon such court or officer may either make an order upon the person charged to show cause why he should not be arrested to answer, or issue a warrant of arrest to bring such person to answer in the first instance.

Punishment for

-in presence of

court.

-in other cases.

-mode of pro

ceeding.

SEC. 613. If the party charged be in the custody of an officer, by If defendant imvirtue of a legal order or process, civil or criminal, except upon a sen- prisoned, may be tence for a felony, an order may be made for the production of such brought out. person by the officer having him in custody, that he may answer, and he shall thereupon be produced and held, until an order be made for his disposal. SEC. 614. In the proceeding for a contempt the United States is the The United plaintiff. In all cases of public interest the proceeding may be prose- when district States is plaintiff; cuted by the district attorney on behalf of the United States; and in attorney may all cases where the proceeding is commenced upon the relation of a prosecute. private party, such party shall be deemed a coplaintiff with the United States.

When defend

warrant executed.

SEC. 615. Whenever a warrant of arrest is issued pursuant to this chapter the court or judicial officer shall direct therein whether the ant bailed; how person charged may be let to bail for his appearance upon the warrant or detained in custody without bail, and if he may be bailed, the amount in which he may be let to bail. Upon executing the warrant of arrest, the marshal must keep the person in actual custody, bring him before the court or judicial officer, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged as provided in section six hundred and sixteen.

SEC. 616. The defendant shall be discharged from the arrest upon

Bail, how given.