Page:United States Statutes at Large Volume 31.djvu/1425

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FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1373 of the warrant of commitment or detainer, if any there be, within six hpiérs alfterdthe gepiand, shall forfeit to the party so detained the sum 0 ve un re dollars. . Sec. 1148. INQUIRY INT0 oAUsE on DETENT10N.—On the return of 0,I‘§‘g,‘,§,'g0§_§*°° mm the writ of habeas co us and the production of the erson detained ` the court or justice shall immediately inquire into Exe legality and prolpriety of such confinement or detention, and if it shall appearthat suc person is detained without legal warrant or authority, he shall immediately be released or discharged; or if the court or justice shall deem his detention to be lawful and proper, he shall be remanded to the same custody, or, in a proper case, a mitted to bail, if he be confined on a charge of a bailable criminal oHense; and if he be bailed, the court or justice shall require a sufficient bond or recognizance to answer in the roper court, and transmit the same to said court. Sec. 1149. 'FRAVERSING RETURN.———Any person at whose instance or T"*"°”*“g ’°*“m· in whose behalf a writ of habeas corpus has been issued may traverse the return thereto, or plead any matters showing that there is not a sufficient legal cause for his confinement or detention, and the court or justice may issue process for witnesses or for the production of papers, which shall be served and enforced in like manner as similar process issued · in a cause depending in court, if the court or justice shall be satisfied of the materiality of the testimony proposed to be adduced. Sec. 1150. RIGHT on PARENT, GUARDIAN, on HUsBAN:0.—Any person guigglggu gfhlggggz entitled to the custody of another person, unlawfully confined or ’ detained by a third person as a parent, guardian, committee, or husband, entitled to the custody of a minor child, ward, lunatic, or wife, upon application to the court or a justice as aforesaid, and showing just cause therefor, under oath, shall be entitled to a writ of habeas corpus, directed to the person confining or detaining as aforesaid, requiring him forthwith to appear and produce before the court or ` justice the person so detained, and the same proceedings shall be had in relation thereto as hereinabove authorized, and the court or justice, upon hearing the proofs, shall determine which of the contesting parties is entitled to the custody of the person so detained, and commit the custody of said person to the party legally entitled thereto. CHAPTER THIRTY-THREE. HUSBAND AND WIFE. H¤¤b¤¤d ¤¤<1Wif¢- Sec. 1151. W1FE’S PRoPnRTY EXEMPT FROM HUSBAND’S DEBTS.—A.l.l (,,,§',j,*‘§,‘f,,*,§"‘{,*{§’S’,§},’,,‘j,’$g, the property, real, personal, and mixed, belonging to a woman at the d<=¤¢¤· time of her marriage, and all such property which she may acquire or receive after her marriage from any person whomsoever, by purchase, ift, grant, devise, bequest, descent, in the course of distribution, by §er own skill, labor, or personal exertions, or as proceeds of a judgment at law or decree in equity, or in any other manner, shall be her own property as absolutely as if she were unmarried, and‘shall be protected from the the debts of the husband and shall not in any way be _ _ liable for the payment thereof: Provided, That no acquisition of prop- PT(‘§O"§$g,y,,,,(,,, ,,0,,, erty passing to the wife from the husband after coverture shall be gusbgggdggewgzsig valid if the same has been made or granted to her in prejudice of the inglémhimrs. rights of his subsistin creditors. gSEo. 1152. HUSBANE MAY GONVEY DIRECTLY TO WIFE—Wh€DBV9P f,§g§‘,,$ggggg°,f,€;*g}*g any interest or estate of any kind in any property, real, personal, ormixed, situate, l ing, or being within this District, has been or shall hereafter be sold}; conveyed, assigned, mortgaged, leased, transferred, or delivered by. any husband directly or indirectly to his wife, and has been or shall hereafter be subse uently sold, conveyed, assigned, —S¤b¤°q¤¤¤¤ Sak °‘- mortgaged, leased, transferred, or dlelivered by such wife andhusband