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SEC. 5. The marshal or other person to whom the writ is directed. shall make immediate return thereof, and if he refuse, after due service, to make return, the court or judge shall enforce obedience by attachment.

SEC. 6. The return must be signed by the person making it, and shall be sworn to by him, unless he is a sworn public officer and shall make the return in his official capacity. The person making the return shall state:

1. The authority or cause of the restraint of the party in his custody.

2. If the authority be in writing, he shall return a copy and produce the original on the hearing.

3. If he has had the party in his custody, or under his restraint, and has transferred him to another, he shall state to whom, the time, place, and cause of the transfer. He shall produce the party on the hearing, unless prevented by sickness or infirmity, which must be shown in the return.

SEC. 7. The court or judge, if satisfied of the truth of the allegation of sickness or infirmity, may proceed to decide on the return, or the hearing may be adjourned until the party can be produced, or for other good cause. The petitioner may except to the sufficiency of, or controvert the return or any part thereof, or allege any new matter in avoidance; the new matter shall be verified, except in cases of a commitment on a criminal charge. The return and pleadings may be amended without causing any delay.

SEC. 8. The court or judge shall thereupon proceed, in a summary way, to hear and determine the case; and if no legal cause be shown for the restraint, or for the continuation thereof, shall discharge the party.

SEC. 9. No court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge him when the term of commitment has not expired, in either of the cases following:

1. Upon process issued by any court or judge of the United States, where the court or judge has conclusive jurisdiction; or,

2. Upon any process issued on any final judgment of a court of competent jurisdiction; or,

3. For any contempt of any court, officer, or body having authority to commit;

4. Upon a warrant issued from the criminal court, upon an indictment or information.

SEC. 10. No person shall be discharged from an order of commitment, issued by any judicial or peace officer, for want of bail or in cases, not bailable, on account of any defect in the charge or process, or for alleged want of probable cause; but in all such cases the court or judge shall summon the prosecuting witnesses, investigate the criminal charge, and discharge, let to bail, or recommit the prisoner, as may be just and legal, and recognise witnesses to appear.

SEC. 11. The writ of habeas corpus may be had for the purpose of letting a prisoner to bail in bailable cases.

SEC. 12. The court or judge shall have power to require and compel the attendance of witnesses, and to do all other things necessary to determine the case. If it appears that any person has an interest in the detention of the prisoner, the court or judge shall cause such person to be duly notified.

SEC. 13. The marshal or other officer shall not be liable to a civil action for obeying any writ of habeas corpus, or order of discharge made thereon.

SEC. 14. Whenever it shall appear by affidavit that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ can be enforced, such court or judge may cause a warrant to be issued, reciting the facts and directed to the marshal or any constable, commanding him to take the person thus held in custody or restraint, and forthwith bring him before the court or judge to be dealt with according to law.

SEC. 15. The court and judge may also, if the same be deemed necessary, insert in the warrant a command for the apprehension of the person charged with causing the illegal restraint.

SEC. 16. The officer shall execute the writ by bringing the person therein named before the court or judge, and the like return and proceedings shall be required and had, as in case of writs of habeas


SEC. 17. The court or judge may make any temporary orders in the cause, or disposition of the party, during the progress of the proceed

ings, that justice may require. The custody of any party restrained may be changed from one person to another, by order of the court or judge.

SEC. 18. Any writ or process authorized by this chapter may be issued and served in cases of emergency on Sunday.

SEC. 19. All writs and other process authorized by the provisions of this chapter shall be issued by the clerk of the court, sealed with the seal of such court; and shall be served and returned forthwith, unless the court or judge shall specify a particular time for such return. And no writ or other process shall be disregarded for any defect therein, if enough is shown to notify the officer or person of the purport of the process. Amendments may be allowed, and temporary commitments, when necessary.

SEC. 20. Writs of habeas corpus shall be granted in favor of parents, guardians, masters, married women, and husbands; and to enforce the rights, and for the protection of infants and insane persons; and the proceedings shall in all such cases conform to the provisions of this chapter.






1. Parties or persons interested or convicted of crime not disqualified as witnesses.

2. Not to extend to the settlement of estates of infants, or persons deceased, or insane.

3. Nor to certain cases where the adverse party is an executor or administrator. 4. Party, before testifying, to give reasonable notice to the adverse party, his agent, or attorney.

5. Witness not incompetent from want of religious belief, &c.

6. Want of religious belief; how established.

7. Facts which heretofore rendered a witness incompetent may now be shown to affect his credibility.


8. Who deemed incompetent witnesses: 1. Persons of unsound mind.

2. Children incapable of receiving just impressions.

3. Husband and wife, for or against each other.

4. An attorney; when.

5. Clergyman, priest, surgeon, etc.; when.

6. Public officers; when.

9. Party offering himself as a witness shall be deemed to have consented to the examination of an attorney, clergyman, etc.

10. Presumption as to the capacity of children, etc.

11. Negroes; how far incompetent as wit




12. When clerk or register of court may issue summons.

13. When judge, justice of the peace, com-
missioner, etc., may.

14. Character and form of summons.
15. Summons; how and by whom served.
16. When no cost of service allowed.
17. Persons present in court, etc., may be
compelled to testify as if summoned.
18. Witness failing to attend, etc., responsi-
ble to party in damages.

19. Disobedience to a summons, etc., pun-
ished as a contempt.

20. Persons in confinement; how examined as witnesses.


21. Testimony of witnesses taken:

1. By affidavit.

2. By deposition.

3. By oral examination.

22. For what an affidavit may be used.
33. Before whom an affidavit may be made.
24. Deposition may be used:

1. When witness is beyond process of


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44. When commission set aside, etc., court, in its discretion, may continue cause. 45. Testimony; how perpetuated.

46. Petition to be filed with the clerk of the circuit court; its contents.

47. Order by circuit court, or judge; its character.

48. Proceedings when notice cannot be given
to adverse parties.

49. How deposition taken and returned.
50. When and how deposition may be used
on being approved by court.
51. Applicant to pay costs.


52. Commission may be remanded for the correction of errors.

53. Errors unimportant and not prejudicial, not to exclude a deposition.

2. When, from age, etc., he is unable DEPOSITIONS TO BE USED OUT OF THIS DISTRICT. 54. Commissioner may issue subpœnas.

to attend, or is dead.

3. When same has been taken by con

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55. How the laws of the District may be


56. Statute law of any State, or foreign
government, etc.; how evidenced.
57. Legislative acts of any State or foreign
government, etc.; how evidenced.
58. Common law of any State or foreign
government, etc.; how evidenced.
59. Records and judicial proceedings of a
court of record of or within the United
States and territory; how evidenced,


60. Office books, etc., in a foreign country; how evidenced.

61. Deeds, etc., recorded, etc., in a foreign country; how evidenced.

62. Deeds, etc., recorded in District; how evidenced.

63. Receipt of same, and time thereof; how evidenced.

64. Certain book accounts; how proved.

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SECTION 1. No person shall be disqualified as a witness, in any civil action or proceeding, by reason of his interest in the event of the same, as a party or otherwise, or by reason of his conviction of a crime; and any party to a civil action or proceeding may compel an adverse party, or person for whose benefit the same is instituted, prosecuted, or defended, to testify as a witness at the trial, or by deposition, in the same manner and subject to the same rules as other witnesses.

SEC. 2. Nothing in the preceding section contained shall in any manner affect the provisions of the Code relating to the estates of infants, or persons deceased, or insane, or the attestation of the execution of last wills and testaments, or any other instrument required by law to be attested.

SEC. 3. No person shall be allowed to testify by virtue of the provisions of section one, when the adverse party is the executor or administrator of a deceased person, when the facts to be proved transpired before the death of such deceased person.

SEC. 4. No party shall be allowed to testify unless he has given reasonable notice to the adverse party, his agent or attorney.

SEC. 5. No religious opinions, or the want thereof, shall render a witness incompetent.

SEC. 6. No witness shall be compelled to answer any question touching his religious belief, but want of the same may be established as heretofore.

SEC. 7. Any fact which might heretofore be shown to render a witness incompetent, may hereafter be shown to affect his credibility.

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