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deemed the creditor within the meaning of the eighth section of this act.

SEC. 17. It shall furthermore be the duty of any justice of the peace and the clerk of any court issuing an execution against any person, to note on the margin thereof the cause of action on which the same issued; to the end that the keeper of the jail may ascertain whether such person, if committed, be entitled to the liberty of the jail yard; and it shall be the duty of any officer committing any person to jail on such execution to note in his commitment the cause of action on which the execution is founded, according to the note or memorandum of the justice of the peace or clerk; and if no such memorandum be made by such justice or clerk on any execution, or if the officer shall not note the same in his commitment, the keeper of the jail shall be held harmless if he permit the person committed to have the liberty of the jail yard, or discharge him on his producing a certificate of having taken the oath herein before prescribed.

SEC. 18. If a debtor takes out a citation to his committing creditor and has the same served and subsequently withdraws the same, or if upon trial he shall not be admitted to take the oath prescribed in the eleventh section of this act, he shall not be entitled to another citation to the same creditor unless on proof of some change of circumstances after the taking out of the first citation; which change of circumstances shall be annexed to or recited in the second citation and form a part thereof.

SEC. 19. The court before which any action is pending for the recovery of any debt or demand for which the defendant if committed to jail therein would be entitled to the benefit of the oath mentioned in the eleventh section of this act, administer the said oath to the defendant as herein after mentioned.

may

SEC. 20. The defendant in such case may apply to any justice of the peace in the county in which he resides for a citation to the creditor to appear at the court in which such action is pending, to shew cause why the defendant should not be allowed the benefit of said oath.

SEC. 21. Such citation shall be served by any sheriff, deputy sheriff, town sergeant or constable, at least four days before the time therein appointed for taking said oath, by reading the same to the plaintiff or by leaving an attested copy thereof at his last and usual place of abode in this state; and such citation shall be returned to the court in which such action is pending. If the plaintiff do not reside in this state,

service of said citation may be made in like manner upon the agent or attorney of record of the plaintiff in this state.

SEC. 22. If it appear to the court in which the said action is pending that notice has been given as before provided, said court shall examine the defendant on his oath concerning his estate and effects and the disposal thereof, and may also receive any other evidence offered by the defendant or the plaintiff; and upon such examination, the court may in its discretion administer to the defendant the said oath.

SEC. 23. If said oath be administered, the execution which may be issued against the defendant in said action shall run against the goods and chattels or real estate of the defendant, and not against his body.

SEC. 24. Any defendant in any execution who would if committed to jail thereon be entitled to the benefit of the oath mentioned in the eleventh section of this act, may apply.in the manner herein before mentioned, for a citation to his creditor to shew cause why he should not be allowed the benefit of said oath; such citation shall be served in the same manner as is required in the twenty-first section of this act.

SEC. 25. Upon the return of any such citation, any justice of the supreme court, or any justice of the court of common pleas in the county in which such defendant is liable to be imprisoned, and any justice of the peace in said county, may administer the said oath to the defendant, if upon examination of the defendant on oath, and of such other evidence as either party may produce, they may think proper.

SEC. 26. If the defendant be allowed to take the said oath, he shall thereafter be exempted from imprisonment on said execution or any future execution that may be issued on said judgment; and execution on said judgment may issue against the goods and chattels or real estate of the said defendant.

SEC. 27. Before the said oath shall be administered to any defendant under this act, he shall first make an assignment of all his estate, real and personal, not exempted from attachment by law, to some responsible inhabitant of this state, his heirs and assigns, in trust for the benefit of all his creditors, in proportion to their demands.

SEC. 28. Nothing contained in the nine preceding sections shall affect any debts contracted before this act takes effect.

SEC. 29. Whenever any prisoner shall present such a certificate as is prescribed in the thirteenth section of this act, to the keeper of the jail in which he is imprisoned, such

keeper shall forthwith discharge him from his commitment at the suit of the creditor named therein. Neither the commitment of the prisoner nor his discharge shall be a satisfaction of the debt for which he was committed. If committed on execution, the plaintiff may take out another execution, which shall not however run against the body of the defendant: if suit be brought on the judgment, execution in such suit shall not run against the body of the defendant, nor shall the defendant be held to bail on the writ in such case. If the defendant be committed on mesne process, when he receives a certificate as aforesaid, if that fact be shown by plea to the court or justice before whom the action is pending, then execution shall not issue against the body of the defendant; but in no case shall the real estate be attached, unless the defendant at the time of such attachment be absent from this state or concealed therein.

SEC. 30. It shall and may be lawful for any justice of the supreme court, or any justice of the court of common pleas, or any justice of the peace of the same county, who shall be present at the time and place to which any citation in behalf of any poor prisoner issued under the provisions of this act shall be duly returned, in the absence of another magistrate, to adjourn the hearing thereon to any other time or place, as he may think proper, with the same effect as if another justice were present.

SEC. 31. If any sheriff, deputy sheriff, town sergeant, constable or keeper of any jail, shall take or receive from any prisoner in his custody, any bond, obligation, covenant, promise or assurance whatever, to indemnify and save harmless the person taking the same, for the enlargement or ease of such prisoner, in any other form or manner than is prescribed by law for taking bail on mesne process in a civil action, or is prescribed in this act, every such bond, obligation, covenant, promise or assurance whatever, shall be utterly void.

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5. When issued by the court to be signed 8. Writ to be returned by person to whom

by the clerk.

it is directed, within three days.

SECTION

9. What the return shall set forth. 10. Return shall be signed and be under oath.

11. Body of the party to be brought before court when writ is returned.

12. If party be so sick that he cannot be brought into court, examination to be adjourned.

13. Causes of restraint to be examined
into by court, as soon as writ is re-
turned.

14. Notice to be given to person interest-
ed to detain party, if within certain
distance.
15. If party be imprisoned for crime, no-
tice to be given to attorney general or
the complainant.

SECTION

22. Penalty for refusing to give a prisoner a copy of the process by which he is detained.

23.

24.

25.

26.

27.

16. Return on the writ may be controvert-28.
ed at the examination.

17. If no legal cause for restraint be appa-
rent, party shall be discharged.
18. If restrained for a cause bailable of
right, he shall be bailed.

19. If committed for want of bail in a

civil action, amount of bail may be reduced if unreasonable.

20. If not entitled to be enlarged, party shall be remanded.

21. Examination may be continued from day to day, and party remanded or put under keepers.

29.

30.

31.

32.

Person refusing to obey a writ of habeas corpus directed to him, to be attached to compel obedience to it. Attachment issued against a sheriff to be directed to some town sergeant or other person.

Upon refusal to obey a writ of habeas corpus, process to be issued to some officer to bring the party restrained. Penalty for refusing to obey writ of habeas corpus.

Penalty for transferring custody of person named in habeas corpus to elude service of such writ.

Recovery of penalties no bar to action
for false imprisonment.

No person enlarged on habeas corpus
to be restrained for same cause.
Power of supreme court to bail for any
cause not affected by this act.

Person committed for want of bail in
a criminal matter, to be bailed by any
justice of court of common pleas or
justice of the peace.

Power of courts to issue habeas corpus to bring before them any person as a witness, not affected by this act.

It is enacted by the General Assembly, as follows:

SECTION 1. Every person imprisoned in any common jail, or otherwise restrained of his liberty, by any officer or other person, except in cases mentioned in the following section, may prosecute a writ of habeas corpus, according to the provisions of this act, to obtain relief from such imprisonment or restraint, if it shall prove to be unlawful.

SEC. 2. The following persons confined in any jail shall not be entitled of right to demand and prosecute said writ: First. Persons convicted of treason against this state, murder, rape, robbery, arson, burglary, or as accessories before the fact in either of those crimes, or committed on suspicion of being guilty of either of those crimes, or as accessories thereto before the fact, when the cause is plainly and specifically expressed in the warrant of commitment.

Secondly. Persons convicted, or in execution upon legal process, civil or criminal.

Thirdly. Persons committed on mesne process in any civil action on which they were liable to be arrested and imprisoned, unless when excessive and unreasonable bail is required.

SEC. 3. Application for such writ shall be made to the supreme court, if in actual session in any county, and if not,

to any justice of said court, by complaint in writing, signed by the party for whose relief it is intended, or by some person in his behalf, setting forth,

First. The person by whom, and the place where, the party is imprisoned or restrained; naming the prisoner and the person detaining him, if their names are known, and describing them if they are not known.

Secondly. The cause or pretence of such imprisonment or restraint, according to the knowledge and belief of the person applying.

Thirdly. If the imprisonment or restraint is by virtue of any warrant or other process, a copy thereof shall be annexed, or it shall be made to appear that a copy thereof has been demanded and refused, or that for some sufficient reason a demand of such copy could not be made; and

Fourthly. The facts set forth in the complaint shall be verified by the oath of the person making the application, or by that of some other credible witness; which oath may be administered by the court or justice to whom the application is made, or by any justice of the peace or public notary.

SEC. 4. The court or justice to whom such complaint shall be made shall, without delay, award and issue a writ of habeas corpus; if against any sheriff, or deputy sheriff of this state, or against the keeper of any jail or prison in this state, or against any marshal or deputy marshal of the United States, it shall be substantially of the following form:

The State of Rhode-Island and Providence Plantations. [SEAL.]

SC.

Το

greeting: of

We command you, that the body of in our prison, in your custody, (or by you imprisoned and restrained of his liberty, as the case may be,) as it is said, together with the day and cause of his taking and detaining, by whatsoever name the said shall be called or charged,

you have before our supreme court, holden at and for the county of

within immediately after the receipt of this writ, to do and receive what our said court shall then and there consider concerning him in this behalf; and have there this writ. Witness,

day of

in the year

Esq., at

this

Clerk.

And if not against such officer, it shall be substantially in the following form:

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