SEC. 2026. Return; its contents. 2027. Habeas corpus; body of prisoner to be produced, unless, etc. 2028. Proceedings on disobedience of writ. 2029. Id.; precept to bring up prisoner. 2033. When to be discharged in civil cases. 2034. The last section qualified. 2035. Proceedings on irregular commitment. 2056. Id.; when prisoner may be committed to another officer. 2007. Custody of prisoner pending the proceedings. 2038. Notice to person interested in detention. 2039. Prisoner may controvert return; proofs thereupon. 2010. Proceedings upon sickness, etc., of prisoner. 2041. When certiorari to issue on application for habeas corpus. 2012. Proceedings upon its return. 2013. Id.; when discharge to be granted; when proceedidgs to cease. 2014. When certiorari does not prevent habeas corpus. 2015. Bail on certiorari; when and how ordered. 2016. Id.; by whom and how taken. 2017. Discharge of prisoner bailed. 2018. Order substituted for writ of discharge; service and effect thereof. 2049. Enforcing order for discharge; penalty, etc. 2050. When prisoner discharged not to be re-imprisoned; when he may be. 2051. Penalty for violating the last section. 2052. Id.; for concealing prisoner, etc., to avoid writ. 2033. Id. for aiding, etc. 2054. Warrant to bring up prisoner about being removed. 2055. When offender to be arrested. 2006. Execution of warrant; proceedings to relieve prisoner. 2058. When appeal may be taken in cases under this article. 2059. Id.; by people. 2060. Prisoner who appeals may be admitted to bail. 2061. Id.; recognizance, etc. 2002. Id.; on appeal to court of appeals. 2063. Custody of prisoner until he gives bail. 2064. When recognizance to be valid for an adjournment, etc. 2006. Application of this article to other writs of habeas corpus. 2015. Who entitled to prosecute the writs. Habeas corpus may issue on Sunday. - A person imprisoned or restrained in his liberty, within the State, for any cause, or upon any pretence, is entitled, except in one of the cases specified in the next section, to a writ of habeas corpus, or a writ of certiorari, as prescribed in this article, for the purpose of inquiring into the cause of the imprisonment or restraint, and, in a case prescribed by law, of delivering him therefrom. A writ of habeas corpus may be issued and served under this section, on the first day of the week, commonly called Sunday; but it cannot be made returnable on that day. 2 R. S. 563, § 21 (2 Edm. 583), amended. State v. Philpot, 3 Hill, 654, note; Halsey v. Trevillo, 6 Watts, 402; People v. Mercein, 3 Hill, 399; People v. Cassels, 5 id. 164; Devlin's Case, 5 Abb. Pr. 281; In re John Lampert, N. Y. Weck. Dig. 109; Ex parte Baker, 29 How. 485; People v. McLeod, 3 Hill, 650; Mercein v. People, 25 Wend. 80; People v. McLeod, 1 Hill, 377; Same v. Same, 25 Wend. 567; People v. Martin, 1 Park. 187, 197; Matter of Devine, 21 How. 80; People v. Riley, id. 431; People v. Rawson, 61 Barb. 619; People v. Willett, 15 How. 210; People v. Ruloff, 5 Park. 77; People v. Liscomb, 11 Alb. L. J. 396; s. c., 3 Hun, 760; Stewart's Case. 1 Abb. 210; People v. Brady, 56 N. Y. 182; Colden e. Botts, 12 Wend. 234; People v. Overseers of Berne, 44 Barb. 467; Starkweather e. Seeley, 45 id. 164. 2016. When neither writ shall be allowed. - A person is not entitled to either of the writs specified in the last section, in either of the following cases: 1. Where he has been committed, or is detained, by virtue of a mandate, issued by a court or a judge of the United States, in a case where such courts or judges have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of legal proceedings in such a court. 2. Where he has been committed, or is detained, by virtue of the final judgment or decree, of a competent tribunal of civil or criminal jurisdiction; or the final order of such a tribunal, made in a special proceeding, instituted for any cause, except to punish him for a contempt; or by virtue of an execution or other process, issued upon such a judgment, decree, or final order. Id., 22, amended. Watson's Case, 3 Lans. 408; People ex rel. Crouse v. Cowles, 3 Abb. Ct. App. Dec. 507; 4 Keyes, 38; see, also, People ex rel. Harkley v. Kelly, 24 N. Y. 71; People ex rel. Tweed e. Liscomb, 60 id. 599; People v. Spalding, 10 Paige, 281; People v. Walter, 68 N. Y. 403; People v. McLeod, 1 Hill, 377; Same r. Same, 25 Wend. 567; People v. Wilcox, 14 N. Y. 575. 2017. Application; how and to whom made. Application for the writ must be made, by a written pe tition, signed, either by the person for whose relief it is intended, or by some person in his behalf, to either of the following courts or officers: 1. The supreme court, at a special or general term thereof, where the prisoner is detained within the ju dicial district within which the term is held. 2. A justice of the supreme court, in any part of the State. 3. An officer authorized to perform the duties of a justice of the supreme court at chambers, being or residing within the city or county, where the prisoner is detained; or, if there is no such officer within that city or county, capable of acting, or, if all those who are capable of acting and authorized to grant the writ, are absent, or have refused to grant it, then to an officer, authorized to perform those duties, residing in an adjoining county. Id.. 23. amended. People ex rel. Bentley er. Hanna, 3 How. Pr. 39; People ex rel. Trainer v. Cooper, 8 How. 283; People v. Folmsbee, 60 Barb. 10; Halsey e. Treville, 6 Watts, 402; People v. Mercein, 3 Hill, 399: Renard v. Hargous, 13 N. Y. 259; Dooley's Case, 8 Abb. 185; Haynor . James, 17 N.Y. 316; Nash e. People, 36 id, 607; People v. Cooper, Duer, 709; s. c., 8 How. 288; People v. Wilcox, 22 Barb. 178; s. c., 14 N. Y. 575; ex parte Beatty, 12 Went. 229; People v. Hoster, 14 Abb. Pr. N. S. 414. 2018. Application in another county; proof required. Where application for either writ is made as prescribed in subdivision third of the last section, without the county where the prisoner is detained, the officer must require proof, by the oath of the person applying, or by other sufficient evidence, of the facts which authorize him to act as therein prescribed; and if a judge in that county, authorized to grant the writ, is said to be incapable of acting, the cause of the incapacity must be specially set forth. If such proof is not produced, the application must be denied.”. Id., 124, amended. People v. Burnett, 13 Abb. Pr. 8; see Woodruff v. People, 3 How, Pr. 32; Wattles v. Marsh, 5 Cow. 176; People v. Hanna, 3 How. Pr. 39; People v. Folmsbee, 60 Barb. 480. 2019. Contents of petition. The petition must be verified by the oath of the petitioner, to the effect that he believes it to be true; and must state, in substance: 1. That the person in whose behalf the writ is applied for, is imprisoned, or restrained in his liberty; the place where, unless it is unknown, and the officer or person by whom, he is so imprisoned or restrained, naming both parties, if their names are known, and describing either party, whose name is unknown. 2. That he has not been committed, and is not detained by virtue of any judgment, decree, final order or process, specified in section 2016 of this act. 3. The cause or pretence of the imprisonment or restraint, according to the best knowledge and belief of the petitioner. 4. If the imprisonment or restraint is by virtue of a mandate, a copy thereof must be annexed to the petition; unless the petitioner avers, either, that by reason of the removal or concealment of the prisoner before the application, a demand of such a copy could not be made, or that such a demand was made, and the legal fees for the copy were tendered to the officer or other person, having the prisoner in his custody, and that the copy was refused. 5. If the imprisonment is alleged to be illegal, the petition must state in what the alleged illegality consists. 6. It must specify whether the petitioner applies for the writ of habeas corpus, or for the writ of certiorari. Id., 25; People v. Cooper, 1 Duer, 709; Matter of DaCosta, 1 Park. 129; s. c., 5 N. Y. Leg. Obs. 294; People v. Mercein, 3 Hill, 399; People v. Wilcox, 22 Barb. 178, 191; s. c., 11 N. Y. 575; People v. Humphreys, 24 Barb, 521; People v. Manly, 2 How. 61; Ex parte Husted, 1 Johns. Cas. 36. 2020. When writ must be granted; penalty for refusing. A court or a judge, authorized to grant either writ, must grant it without delay, whenever a petition therefor is presented, as prescribed in the foregoing sections of this article, unless it appears, from the petition itself, or the documents annexed thereto, that the petitioner is prohibited by law from prosecuting the writ. For a violation of this section, a judge, or, if the application was made to a court, each member of the court, who assents to the violation, forfeits to the prisoner one thousand dollars, to be recovered by an action in his name, or in the name of the petition to his use. Id., 26 and 31. See Yates v. Lansing, 5 Johns, 282; 8. c., 6 id. 357: 9 id. 395; 2 Kent's Com. 39; People v. Donohoe, 10 N. Y. Week. Dig. 427. 2021. Form of writ of habeas corpus. The writ of habeas corpus, issued as prescribed in this article, must be substantially in the following form, the blanks being properly filled up: The People of the State of New York, To the Sheriff of ", etc. [or "to A. B".] "We command you, that you have the body of C. D., by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name the said C. D. is called or charged, before- -", ["the supreme court, at a special" (or" general ")" term thereof, to be held ", or "E. F., justice of the supreme court", or otherwise, as the case may be.] "at [or immediately after the receipt of this writ"]"to do and receive what shall then and there be considered, on concerning the said C. D. And have you then there this writ. Witness, one of the justices" (or "judges ")" of the said court", [or "county judge", or otherwise, as the case may be,] "the day of Id., 27. in the year eighteen hundred and 2022. Form of writ of certiorari. The writ of certiorari, issued as prescribed in this article, must be substantially in the following form, the blanks being properly filled up: The People of the State of New York, To the sheriff of," etc. [or "to A. B."] "We command you, that you certify fully and at large, to ["the supreme court, at a special" (or "general") "term thereof, to be held," or "E. F., justice of the supreme court," or otherwise, as the case may be,]" at "[or "immediately after the receipt of this writ,"]"the day and cause of the imprisonment of C. D., by you detained, as it is said, by whatsoever name the said C. D. is called or charged. And have you then there this writ. on (or "Witness, one of the justices "judges ") "of the said court," [or "county judge," or otherwise, as the case may be,] "the Id., 28. in the year eighteen hundred and day of " 2023. When writ returnable before another judge. -If application for either writ is made to the supreme court, or to a justice thereof, in a county other than that where the person is imprisoned or confined, the writ may be made returnable, in its or his discretion, before any judge authorized to grant it, in the county of the imprisonment or confinement. L. 1837, ch. 240, 81 (4 Edm. 681). § 2024. When writ sufficient. The writ of habeas corpus or the writ of certiorari shall not be disobeyed, for any defect of form, and particularly in either of the following cases: 1. If the person having the custody of the prisoner is designated, either by his name of office, if he has one, |