When defendant not found.

When defend

yelf, &c.

original writ with the defendant, and preserving a copy thereof on which to make the return of service.

SEC. 14. If the defendant cannot be found, or if he have not the plaintiff in custody, the service may be made upon any person having the plaintiff in his custody, in the same manner and with the same effect as though he had been made defendant therein.

SEC. 15. If the defendant conceal himself, or refuse ant conceals him- admittance to the person attempting to serve the writ, or if he attempt wrongfully to carry the plaintiff out of the county or territory after the service of the writ, as aforesaid, the sheriff or the person who is attempting to serve, or who has served the writ as above contemplated, is authorized to arrest the defendant, and bring him together with the plaintiff, forthwith before the officers or court before whom the writ is made returnable.

iff.

Powers of sher

Plaintiff to be

taken into custo

SEC. 16. In order to make such arrest, the sheriff or other person having the writ, possesses the same power as is given to a sheriff for the arrest of a person charged with a felony.

SEC. 17. If the plaintiff can be found, and if no one dy, when. appear to have the charge or custody of him, the person having the writ may take him into custody, and make return accordingly. And to get possession of the plaintiff's person, in such cases, he possesses the same power as is given by the preceding section for the arrest of the defendant.

Precept, when to be issued.

Arrest of defendant.

SEC. 18. The court or judge to whom the application for the writ is made, if satisfied that the plaintiff would suffer any irreparable injury before he could be relieved by the proceedings as above authorized, may issue a precept to the sheriff or any other person selected instead, commanding him to bring the plaintiff before such court or judge forthwith._

SEC. 19. When the evidence aforesaid is further sufficient to justify the arrest of the defendant for a criminal offense committed in connection with the illegal detention of the plaintiff, the precept must also contain an order for the arrest of the defendant.

SEC. 20. The officer or person to whom the precept is

made.

directed, must execute the same by bringing the defendant, Return, bew and also the plaintiff, if required, before the court or judge issuing it, and thereupon the defendant must make return to the writ of habeas corpus in the same manner as if the ordinary course had been pursued.

SEC. 21. The defendant may also be examined and committed, or bailed or discharged, according to the nature of the case.

SEC. 22. The writ of habeas corpus must not be disobeyed for any defect of form or misdescription of the plaintiff or defendant, provided enough is stated to show the meaning and intent of the writ.

Defendant examined, &c.

Writ not to be fect of form.

disobeyed for de

Wrong name,

SEC. 23. Any person served with the writ is to be presumed to be the person to whom it is directed, although it may be directed to him by a wrong name or description. SEC. 24. Service being made in any of the modes herein Defendant to before provided, the defendant must appear at the proper time and answer the said petition.

appear.

plaintin.

SEC. 25. He must also bring up the body of the Bring body of plaintiff, or show good cause for not doing so.

comply.

SEC. 26. A wilful failure to comply with the above Failure to requisitions, renders the defendant liable to be attached for a contempt, and to be imprisoned until a compliance is obtained, and also subjects him to the forfeiture of one thousand dollars to the party thereby aggrieved.

SEC. 27. Such attachment may be served by the sheriff or any other person thereto authorized by the judge, who shall also be empowered to bring up the body of the plaintiff forthwith, and has for this purpose the same powers

as are above conferred in similar cases.

Attachment how served.

torney notified.

SEC. 28. The court or officer allowing the writ must Prosecuting at cause the prosecuting attorney of the proper county to be informed of the issuing of the writ, and of the time and place, when and where it is made returnable, except when the court or officer may deem it unnecessary.

SEC. 29. The defendant in his answer must state simply and unequivocally, whether he then has, or at any

Answers.

Reasons for transfer.

Copy of process.

Demur or reply.

Substance of

reply.

What may not be questioned.

When discharged

Order of com

mitment on bail when made.

Plaintiff committed, &c.

Defendant may retain plaintið.

Waiver of right

to be present.

time has had the plaintiff under his control and restraint, and if so, the cause thereof.

SEC. 30. If he has transferred him to another person, he must state the fact, and to whom, and the time thereof, as well as the reason and authority therefor.

Sec. 31. If he holds him by virtue of a legal process or written authority, a copy thereof must be annexed.

SEC. 32. The plaintiff may demur or reply to the defendant's answer, and all issues joined thereon shall be tried by the judge or court.

SEC. 33. Such replication, except when the hearing is before the judge of probate of the county, may deny the sufficiency of the testimony to justify the action of the committing magistrate, on the trial of which issue all written testimony before such magistrate may be given in evidence before the court or judge in connection with any other testimony which may then be produced.

SEC. 34. But it is not permissible to question the correctness of the action of a grand jury in finding a bill of indictment, or of the petit jury in the trial of a cause, nor of a court or judge when acting within their legitimate province, and in a lawful manner.

SEC. 35. If no sufficient legal cause of detention is shown, the plaintiff must be discharged.

SEC. 36. Although the commitment of the plaintiff may have been irregular, still if the court or judge is satisfied from the evidence before them that he ought to be held to bail or committed, either for the offense charged, or any other, the order may be made accordingly.

SEC. 37. The plaintiff may also, in any case be committed, let to bail, or his bail be mitigated or increased, as justice may require.

SEC. 38. Until the sufficiency of the cause of restraint is determined, the defendant may retain the plaintiff in his custody, and may use all necessary and proper means for that purpose.

SEC. 39. The plaintiff, in writing, or his attorney, may waive his right to be present at the trial, in which case the

proceedings may be had in his absence; the writ will in such cases be modified accordingly.

SEC. 40. Disobedience to any order of discharge Contempt. subjects the defendant to attachment for a contempt, and also to the forfeiture of one thousand dollars to the party aggrieved, besides all damages sustained by him in consequence of such disobedience.

service of writ.

SEC. 41. If the defendant attempt to elude the service Attempt to elude of the writ of habeas corpus, or to avoid the effect thereof by transferring the plaintiff to another, or by concealing him, he shall on conviction, be imprisoned in the penitentiary or County jail not more than one year, and fined not exceeding one hundred dollars, and any person knowingly aiding or abetting in any such act, shall be subject to the like punishment.

SEC. 42. Any officer refusing to deliver a copy of any Forfeiture. legal process by which he detains the plaintiff in custody, to any person who demands such copy, shall forfeit five hundred dollars to the person so detained.

Papers filed with

SEC. 43. When the proceedings are before a judge, clerk. (except when the writ is refused), all the papers in the case, including his final order, shall be filed with the clerk of the district court of the county wherein the final proceedings were had, and a brief memorandum thereof shall be entered by the clerk upon his judgment docket.

in advance.

SEC. 44. No officer shall refuse to perform any of the not paid duties required by this chapter for the reason that his fees are not paid in advance, but the judge or court, to whom application for said writ is made, may, in his or its discretion, require the applicant to give security for the payment of such costs as may be taxed against such applicant.

SEC. 45. This act to take effect and be in force on and after the first day of January, one thousand eight hundred and seventy.

Approved, 2nd December, 1869.

DIVORCES.

Marriages void, in what cases.

Non-age.

CHAPTER 10.

AN ACT TO REGULATE DIVORCES AND ALIMONY.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming, as follows:

SEC. 1. Marriages are void without any decree of divorce, that may hereafter be contracted in this territory.

First, When one party is a white person, and the other is possessed of one-eight or more negro or Mongolian blood; Second, When either party has a husband or wife living at the time of marriage;

Third, When either party is insane or an idiot at the time of contracting the marriage;

Fourth, When the parties stand in the relation to each other of parent or children, grand parent and grand-children, brothers and sisters of half as well as of whole blood, uncle and niece, aunt and nephew and first cousins, and this subdivision extends to illegitimate as well as to legitimate children and relations.

SEC. 2. In case of a marriage solemnized when either of the parties are under the age of legal consent, if they shall separate during such non-age, and not cohabit together afterwards, or in case the consent of one of the parties was Force or fraud. obtained by force or fraud, and there shall have been no subsequent voluntary cohabitation of the parties, the marriage shall be deemed voidable.

Proceedings

SEC. 3. When a marriage is supposed to be void, or when validity the validity thereof is doubted, for any of the causes

doubted.