by him served by delivering the same to such person without delay. (4887 R. L. 1910) 317. Same-If the person to whom such writ is directed cannot be found, or shall refuse admittance to the sheriff, the same may be served by leaving it at the residence of the person to whom it is directed, or by affixing the same on some conspicuous place, either of his dwelling house or where the party is confined under restraint. (4888 R. L. 1910) 318. Return of Writ-The sheriff or other person to whom the writ is directed shall make immediate return thereof, and if he neglect or refuse, after due service, to make return, or shall refuse or neglect to obey the writ by producing the party named therein, and no sufficient excuse be shown for such neglect or refusal, the court shall enforce obedience by attachment. (4889 R. L. 1910) 319. Return Shall State What-The return must be signed and verified by the person making it, who shall state: First. The authority or cause of restraint of the party in his custody. Second. If the authority be in writing, he shall return a copy and produce the original on the hearing. Third. 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. (4890 R. L. 1910) 320. Plaintiff May Except to Return-The court or judge, if satisfied with 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 plaintiff 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 commitment on a criminal charge; the return and pleadings may be amended without causing any delay. (4891 R. L. 1910) 321. Hearing and Discharge The court or judge shall thereupon proceed in a summary way to hear and determine the cause, and if no legal cause be shown for the restraint or for the continuance thereof, shall discharge the party. (4892 R. L. 1910) 322. Limitation of Inquiry-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: First. Upon process issued by any court or judge of the United States, or where such court or judge has exclusive jurisdiction; or, Second. Upon any process issued on any final judgment of a court of competent jurisdiction; or, Third. For any contempt of any court, officer or body having authority to commit; but an order of commitment as for a contempt, upon proceedings to enforce the remedy of a party, is not included in any of the foregiong specifications. Fourth. Upon a warrant or commitment issued from the district court, or any other court of competent jurisdiction, upon an indictment or information. (4893 R. L. 1910) The order and judgment of a court of competent jurisdiction cannot be impeached in a habeas corpus proceeding. In re Coyle, 4 Okla. Cr. 133. Justice of the Supreme Court may not discharge petitioner when committed by an inferior court as for contempt. In re McMaster, 2 Okla. 436. Power to grant writ for purpose of bail, see sec. 324. 323. Where Person Held Without Bail-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 to recognize witnesses when proper. (4894 R. L. 1910.) 324. Writ May Be Issued to Admit Bail-The writ may be had for the purpose of letting a prisoner to bail in civil and criminal action. (4895 R. L. 1910) 325. Notice of Discharge-When any person has an interest in the detention, the prisoner shall not be discharged until the person having such interest is notified. (4896 R. L. 1910) 326. Power of Court-The court or judge shall have power to require and compel the attendance of witnesses, and to do all other acts necessary to determine the case. (4897 R. L. 1910) 327. Warrant May Issue, When-Whenever it shall appear by affidavit that anyone 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 sheriff or any constable of the county, 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. (4899 R. L. 1910) 328. Arrest of Party Causing Restraint-The court or judge may also, if the same be deemed necessary, insert in the warrants a command for the appréhension of the person charged with causing the illegal restraint. (4900 R. L. 1910) 329. Execution of Writ-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 corpus. (4901 R. L. 1910) 330. Temporary Orders-The court or judge may make any temporary orders in the cause or disposition of the party during the progress of the proceedings, 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. (4902 R. L. 1910) 331. Service on Sunday-Any writ or process authorized by this article may be issued and served, in case of emergency, on Sunday. (4903 R. L. 1910) 332. Issue and Amendment of Process-All writs and other process, authorized by the provisions of this article, shall be issued by the clerk of the court, and except summons, 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 any 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. (4904 R. L. 1910) 333. No Security for Costs-No deposit or security for costs shall be required of an applicant for a writ of habeas corpus. (4906 R. L. 1910) 334. Officers Subject to Impeachment-The Governor and other elective State officers, including the Justices of the Supreme Court, shall be liable and subject to impeachment for wilful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. (Sec. 1, Art. 8, Const.) Impeachment, see Durham's Law of Legislative and Parliamentary Procedure. A judge of the district court is not subject to impeachment, but is removable under statutory provisions. Maben v. Rosser, 24 Okla. 583, 103 P. 674. 335. Grounds for Impeachment or Removal-Every person elected or appointed to any office or employment of trust or profit under the laws of this State, or under any ordinance of any municipality thereof, shall give personal attention to the duties of the office to which he is elected or appointed. Drunkeness and the excessive use of intoxicating liquors while in office shall constitute sufficient cause for impeachment or re moval therefrom. (Sec. 11, Art. 2, Const., as amended Aug. 4, 1914, S. L. 1916, 123) Officers Subject to Removal-All elective officers, not liable to impeachment, shall be subject to removal from office in such manner and for such cause as may be provided by law. (Sec. 2, Art. 8, Const.) 337. Same-Officers Subject to Removal-All State officers not subject to impeachment under section 1, article 8 (331) of the Constitution, and all county, city, and municipal officers may, in addition to the methods now and causes provided by law, be removed from office as herein provided. (S. L. 1917, 379) 338. Causes for Removal of Officers-Any officer not subject to impeachment, elected or appointed to any state, county, township, city, town, or other office, under the laws of the State, may, in the manner provided in this article, be removed from office for any of the following causes: First. Habitual or wilful neglect of duty. Third. Oppression in office. Fourth. Corruption in office. Fifth. Extortion or wilful overcharge of fees in office. Seventh. Habitual drunkenness. Eighth. Failure to produce and account for all public funds and property in his hands, at any settlement or inspection authorized or required by law. (5592 R. L. 1910) In proceeding to remove for failure to serve process, not necessary that state show in the first instance that such process was regular and duly issued. Butler v. Terr., 11 Okla. 454. "Habitual or wilful neglect of duty" means that the act or the failure to act is for a bad or evil purpose. The doctrine of "Reasonable Doubt" applies in the trial under this law. Phillips v. State, 75 Okla. 46. 339. Accusation Presented by Grand Jury-An accusation, in writing, charging such officer with any of the causes for removal mentioned in the first preceding section may be presented by the grand jury to the district court of the county in or for which the officer is elected or appointed; Provided, that in the case of a State officer, such accusation may be presented by the grand jury of the county in which such officer resides, or in which he has his place of office for the usual transaction of official business. (5593 R. L. 1910) 340. Requisites of Accusation-The accusation must state the offense charged, in ordinary and concise language, without repetition and in such manner as to enable a person of com |