attorney, unless he shall be sooner discharged by giving bond according to law.

SEC. 5. If the officer shall make return on the execution against the principal that he has made diligent search and has not been able to find the principal in his precinct, and that he gave notice to the bail as herein prescribed, the creditor may have a writ of scire facias against the bail, and judgment and execution against him for the amount of such execution and interest and for costs.

SEC. 6. If the bail shall, at any time before judgment against them, bring into the court the body of the principal, and move to be discharged, they shall be discharged, and the court shall order the keeper of the prison to receive him into custody; and he shall be holden in the same manner as if he had been committed on the writ for want of bail.

SEC. 7. The bail shall not be discharged by committing his principal and notice to the creditor as aforesaid, after notice given to the bail as aforesaid, without paying to the officer, creditor or his attorney, the cost of such notice, and the cost which has arisen in any action which has been commenced against such bail.

SEC. 8. No scire facias against bail shall be supported unless the same shall be served on the bail within one year after the final judgment against the principal.

SEC. 9. The bail, in actions before justices, may commit the principal to jail at any time before judgment against them, and shall be discharged upon producing to the justice a certificate thereof from the jailer, in the same manner and upon payment of the like cost as if he were surrendered in court.

SEC. 10. The bail, on committing their principal to jail, shall in all cases leave with the jailer an attested copy of the writ or process on which the arrest was made, and of the officer's return thereon, with a certificate of such commitment; and the jailer shall detain such principal in his custody in the same manner as if he were committed for want of bail.

SECTION 1. Any person imprisoned in any common jail or otherwise restrained of his personal liberty, by any officer or other person, except in the cases mentioned in the following section, shall be entitled of right to a writ of habeas corpus, according to the provisions of this chapter.

SEC. 2. The following persons shall not of right be entitled to

such writ:

First; persons imprisoned upon legal process, civil or criminal, in which the cause of such imprisonment is distinctly expressed. Second; persons committed by any court or judge of the United States, and where no judge of any court of this State has authority to discharge or to commit to bail.

SEC. 3. Application for such writ may be made to the superior court of judicature, in term time, in any county, or to any justice thereof at any time, by any person so imprisoned or restrained of his liberty, or by some person in his behalf.

SEC. 4. The application shall be in writing signed by the applicant, and under oath. It shall state the place where the person is supposed to be imprisoned or restrained of his liberty, and by whom, and a copy of the warrant or precept, if any, under which he is confined, shall be annexed to such application.

SEC. 5. If, on inspection of the copy of such precept, it shall appear to such court or justice that such person is lawfully impris oned or restrained of his liberty by virtue thereof, a writ of habeas corpus shall not be granted.

SEC. 6. If, by the copy of such precept, it shall appear that such person is imprisoned on mesne process for want of bail, or on criminal process before a magistrate for want of recognizance, and that excessive bail or recognizance was required, such court or justice shall decide what bail is reasonable, and he shall, on giving such bail, be discharged.

SEC. 7. If any officer having the custody of any such person by virtue of any precept, shall refuse or delay unnecessarily to deliver to such applicant an attested copy of such precept, on demand, such court or justice, on proof of such demand and refusal or unnecessary delay, to be proved by the affidavit of the applicant or other credible witness, shall forthwith issue the writ of habeas corpus as prayed for.

SEC. 8. The form of the writ may be substantially as follows:

THE STATE OF NEW HAMPSHIRE.

R.

L. S.

SS.

To

We command you that the body of

GREETING.

in our prison under your custody detained, (or by you imprisoned and restrained of his liberty, as the case may be,) as is said, together with the day

by what

and cause of the taking and detaining of the said
ever name the said
may be called or charged, you have
before our justices of our superior court of judicature holden at
within and for our county of
immediately after the
receipt of this writ, to undergo and receive what our said justices
shall then and there consider of him in this behalf; and have you
then there this writ.

Witness year of our Lord

at

this

day of

in the

All necessary alterations, in the form thereof, shall be made to adapt the same to the circumstances of the application.

SEC. 9. Said writ, when awarded by the court, shall be under the seal of the court, tested by the chief justice or first justice who is not a party, and signed by the clerk; when awarded by any justice of said court, it shall be under his hand and seal.

SEC. 10. Said writ, when issued by the court, may be made returnable immediately to the court or any justice thereof in any county, or at any time and place certain, or before any justice of said court at any time and place therein directed.

SEC. 11. If the writ is issued by any justice of said court, it may be made returnable before himself or any other justice of said court, immediately at a place therein directed, or at a time and place certain, or before said court as may be therein directed.

SEC. 12. In all cases such writ shall be made returnable in such a mode as to secure to the applicant the enjoyment of the same in the most free, easy, cheap and expeditious manner.

SEC. 13. The court or justice awarding such writ, may, in his discretion, before the same is awarded, require that the applicant shall file a sufficient bond or give satisfactory security to the person to whom such writ is directed, for the payment of all charges incurred by reason of such process, and that the person imprisoned shall not escape by the way; and may also order that the expenses of bringing the person imprisoned or restrained of his liberty, before such court or justice, (which sum shall be fixed by such court or justice and endorsed on such writ,) shall be paid or tendered at the time of the service of such writ.

The service of such writ may be made by any person, and shall be by delivering the original to the person to whom it is directed, or if the person for whom application is made, is in prison, it may be left with the jailer, or deputy keeper at such prison, and paying or tendering the sum endorsed on said writ, if any.

SEC. 15. The person making such service, shall keep a copy of such writ, and shall make his return or affidavit of service and of such payment or tender of fees thereon, as in other cases, and deliver the same to the court or justice before whom the same is returnable, on or before the time of hearing therein designated.

SEC. 16. The person to whom such writ is directed, shall re

ceive the same when offered, and upon payment or tender of the sum endorsed on said writ, if any, shall yield due obedience to the command thereof; and shall make due return thereof to the court or justice, and at the time and place therein mentioned; and shall state every cause of taking and detaining the person imprisoned or restrained, all which shall be made under oath; and shall also have present the body of such person, unless imprisoned or restrained for some one or more of the causes specified in the second section of this chapter.

SEC. 17. If no time is specified for such return, the same writ being returnable immediately, the return shall be made within three days after such service, unless the prisoner is to be brought more than twenty miles, in which case the return shall be made within so many days more as will be equal to one day for every ten miles of such further distance.

SEC. 18. Any justice of said court, when any such writ is returned to him, may certify and return the same, with all things pertaining thereto, to said court, if then sitting; and at any time before the prisoner shall have been discharged, bailed or remanded, any such justice may adjourn further proceedings on such writ to said court, if then in session, or to the next term thereof, if to commence within three months next afterwards. The said court, in any such case, shall proceed thereon as if such writ had been, by the tenor thereof, returnable thereto.

SEC. 19. If said court shall not be in session when any such writ is made returnable, the same shall be returned to any justice of said court as if the same was issued by and returnable to him.

SEC. 20. Such court or justice may require and take security by recognizance, with sufficient sureties if necessary, for the appearance of any party at the time and place of hearing on any such writ, and to abide the order of court thereon; and may make all decrees necessary to insure the attainment of the object of such writ, and enforce the same upon the principles of equity.

SEC. 21. When any person shall be brought before any court or justice thereof as aforesaid, such court or justice shall, within three days after, proceed and examine the causes of detention.

SEC. 22. If the person imprisoned or restrained, shall be so imprisoned or restrained without sufficient cause or due order of law, he shall be discharged; but if otherwise, he shall be remanded.

SEC. 23. If such person is committed for any bailable offence, such court or justice may bail him by ordering him to recognize, with sufficient surety or sureties, in a reasonable sum, for his appearance at the court having cognizance of such offence, and shall certify their recognizance into such court.

SEC. 24. If such person is committed on mesne process in any civil action for want of bail, and it shall appear that the bail required was excessive, such court or justice may discharge him on reasonable bail being given.