Page:United States Statutes at Large Volume 76A.djvu/446

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–350–

-350(c) If the person upon whom the writ is served had the person in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred the custody or restraint to another, the return shall state particularly to whom, at what time and place, for what cause, and by what authority, the transfer took place. (d) The return shall be signed by the person making it, and, except when the person is a sworn public officer and makes the return in his official capacity, it shall be verified by his oath. § 1581. Production of body The person to whom the writ is directed, if it is served, shall bring the body of the person in his custody or under his restraint, according to the command of the writ, except in the cases specified in section 1682 of this title. § 1582. Illness of person in custody When, from sickness or infirmity of the person directed to be produced, he can not, without danger, be brought before the court or judg;e, the person in whose custody or power he is may state that fact m his return to the writ, verifying it by affidavit. If the court or judge is satisfied of the truth of the return, and the return to the writ is otherwise sufficient, the court or judge may proceed to decide on the return and to dispose of the matter as if the person had been produced on the writ, or the hearing thereof may be adjourned until he can be produced. § 1583. Hearing on return Immediately after the return, the court or judge before whom the writ is returned shall proceed to hear and examme the return, and such other matters as may be properly submitted to the hearing and consideration of the court or judge. § 1584. Procedure for hearing The person brought before the court or judge, on the return of the writ, may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful or that he is entitled to his discharge. The court or judge shall thereupon proceed in a summary way to hear such proof as may be produced against the imprisonment or detention, or in favor oi it, and to dispose of the person as the justice of the case may require. The court or judge may require and compel the attendance of witnesses, by process of subpoena and attachment, and do and perform all other acts and things necessary to a full and fair hearing and determination of the case. § 1585. Custody pending judgment Until judgment is given on the return, the court or judge before whom a person may be brought on the writ may commit him to the custody or restraint from which he was taken, or place him in such care or under such custody as his age or circumstances may require. § 1586. Discharge from custody or restraint If legal cause is not shown for the imprisonment or restraint, or for the continuation thereof, the court or judge shall discharge the person from the custody or restraint under which he is held. § 1587. Remand of person detained by virtue of process If the time during which the person may be legally detained in custody has not expired, the court or judge shall remand him if it appears that he is detained in custody: