Art. 620. Form when the party is in custody on judicial process. "I, C. D., to whom the within writ is directed, do return, that in obedience thereto I have the within named A. B. at the time and place within mentioned in my custody, and that the cause of his detention is a certain [order or commitment] which is annexed to this writ, to me directed as [keeper of the prison of the city of New Orleans."] Art. 621. Form of return when the applicant is held as a slave. "I, C. D., [as above] and that the cause of his detention is this, that he is a slave, legally acquired as my property, and I pray that his claim to freedom may be inquired of and determined according to law.” Art. 622. Form of return when the party is too sick to be produced. "I, C. D., to whom the within writ is directed, do in obedience thereto return, that the said A. B. is detained in my custody by virtue of [an order of commitment to me directed as keeper of the prison of the city of New Orleans, which is hereunto annexed], and that I have not produced the said A. B. because it could not be done without danger to his life from the sickness which he now suffers, as appears by the testimony of the physician and witnesses hereunto annexed." Art. 623. Certificate of physician. "I. D. H., a physician regularly admitted to practice, certify, that I have visited A. B. now in the custody of [the keeper of the prison at New Orleans,] and found him suffering with a [bilious fever], and that, in my opinion, he cannot be brought before the judge on the annexed writ without danger of his life." "We, I. K. and L. F. being duly sworn, do depose, that we have seen the within named A. B. and believe, from the state of his health, that he cannot be produced in obedience to this writ, without danger to his life. In witness whereof, as well we the said witnesses as the said A. B. have signed this deposition." Art. 624. Form of a warrant to bring up the prisoner when the writ of habeas corpus has not been obeyed. "By J. L. [district judge of the first district court.] To A. B. [one of the constables of the city of New Orleans.] "Whereas, a writ of habeas corpus was lately allowed by me, directed to C. D. of the city of New Orleans, directing him to bring before me A. B. in his custody, as was said illegally detained, and the said C. D. having disobeyed the said writ,-These are to command you, to take the said A. B. out of the custody, or from under the restraint or control of the said C. D. or of any person to whose custody he may have transferred him, and to bring him before me without delay, to abide such order as I may make in the case. Witness my hand, this in the year day of ود . Art. 625. Warrant to arrest the person to whom the habeas corpus was directed, for not bringing up the prisoner. Direction and recital as in the preceding form. "These are to command you, that you arrest the said C. D. and bring him in safe custody before me without delay, to be dealt with for his said default according to law. Witness," &c. Art. 626. Commitment, where the party on being brought before the judge, on the preceding warrant, refuses to return the writ or to produce the prisoner. "By J. L. district judge, &c. To [ the keeper of the prison of the city of New Orleans. ] "Receive in your custody C. D. herewith sent to you for refusing obedience to a writ of habeas corpus, by me issued, directing him to produce A. B. in his custody as was alleged, and him the said C. D. safely keep until discharged by due course of law. Witness," &c. Art. 627. Petition for a warrant to bring up the prisoner when there is danger of his being carried out of the state, or of irreparable injury, and to arrest the person in whose custody he is. "To J. L. district judge, &c. "The petition of A. B. showeth, that C. D. is now in the custody or power of one J. S. [who has put him on board of a vessel called the Tartar, lying at the levee of this city, now ready to sail; and that the said J. S. intends, as the deponent is informed and verily believes, forcibly to convey the said C. D. against his will and without any legal authority, out of this state ;] and the deponent verily believes, that if a writ of habeas corpus issue it will be disobeyed, and the said C. D. will, notwithstanding such writ, be conveyed out of the state, [or suffer irreparable injury, as the case may be ;] and the petitioner shows, that the said J. S. hath knowingly and illegally deprived the said C. D. of his liberty, with intent to [convey him out of the state :] wherefore he prays, that a warrant may issue to bring before you the said C. D. to be discharged according to law, and to arrest the said J. S. to answer for the said offence. "Sworn," &c. Art. 628. Warrant on the above petition. "By J. L. &c. To the sheriff, &c. "Whereas proof has been made before me, that [one C. D. is illegally confined on board a vessel called the Tartar, lying at the levee of this city, and by one J. S. who intends illegally and forcibly to convey the said C. D. against his will out of this state, before he can be relieved by the due course of law:] these are, therefore, to command you to take the said C. D. out of the custody of the said J. S., or of any other person to whose custody he may have transferred him, and to bring him before me, [at the court-room of the first district court,] without delay, to abide such order as I may make in the case: and you are also commanded to arrest the said J. S. and bring him before me, without delay, [at the said court-room,] to answer for the said offence. Witness," &c. Art. 629. When the petition does not expressly charge, that the person in whose custody the prisoner is has committed an offence, in the arrest and detention of the person detained, then the part of the warrant ordering his arrest is to be omitted. Art. 630. Return when the party ordered to be produced has died in imprisonment, with record of the inquest. "I, C. D., to whom the within writ is directed, do in obedience thereto return, that the within named A. B. was committed to my custody [as keeper of the prison of the city of New Orleans] on the of day last, by virtue of [a warrant of commitment] which is hereunto annexed, but that I cannot produce him, as I am directed, because last he departed this life [by the visitation of on the day of God,] as appears by the proceedings herewith returned." Art. 631. Notice to the coroner of the death of the prisoner. "Please to take notice, that last night, about the hour of twelve, C. D. a prisoner, confined in the prison under my charge, departed this life, that his body now remains in the said prison in the situation in which he died, and that I request you will summon a jury of inquest to perform ⚫ the duties in such case required by law." Art. 632. The summons for the jury and the inquest shall be in the form herein before prescribed for inquests on dead bodies. Art. 633. Discharge when no sufficient cause of detention is shown by the return. "By J. L. judge of the district court, &c. To the keeper of the pri son of the parish of New-Orleans. "Discharge out of your custody C. D. of the said city, if detained for no other cause than that shown by your return to the writ of habeas corpus; allowed by me on the last, and for your so do day of ing this shall be your sufficient warrant. Dated the in the year day of Art. 634. Order to remand when sufficient cause of detention is shown. "To the keeper of the prison, &c. "C. D. brought before me on a writ of habeas corpus, dated the day of instant, is remanded to your custody, the cause shown by you, in your return to the said writ, being sufficient in law for his detention." TITLE III. OF THE FORM TO BE USED IN THE PROCEEDING AUTHORISED BY THE FIRST BOOK, TITLE THIRD, FOR CALLING FOR AND EMPLOYING MILITARY FORCE. ONLY CHAPTER. Forms of information and requisition. Art. 635. Information of the existence of a riot or insurrection. "To J. L. district judge, and I. K. and L. M. justices of the peace. "A. B. and C. D. inhabitants of the city of New Orleans, being duly sworn, say, that a number of men, consisting of more than twenty, [that is to say, one hundred and more,] according to the best estimate the deponent can make of their numbers, are now assembled [in Chartres-street in this city, many of them armed with swords and pistols, and others with clubs, and bricks, and other missiles, with the intent, as avowed by many of them, to break into the prison of the said city in order to liberate the persons legally confined therein; that they have already begun to execute their threats by breaking the outer door of the said prison,] and that they have refused to disperse, although they were ordered so to do by proclamation, solemnly made in the manner directed by law by a magistrate; and the deponent further says, that the said rioters cannot be arrested or dispersed by the ordinary form of civil authority, such arrest having been attempted by the officers of justice, who were always resisted by force and with deadly weapons, [and some of them wounded and others killed in the attempt."] Art. 636. Application of the judge and other magistrates to the governor for the employment of a military force. "To his excellency H. J. governor of the state of Louisiana. "We, J. L., judge of the district court, and I. K. and L. M., justices of the peace for the city of New Orleans, being convinced by the affidavits of two inhabitants of this state, that a riot has taken place in the parish [of the city of New Orleans,] where they reside, and that the persons engaged therein cannot be arrested or dispersed by the ordinary force of civil authority; all which, as well as the object of the said riot, appears by the affidavit aforesaid, which is hereunto annexed and to which we refer : we therefore request, that you will be pleased to order a military force of at least two hundred men, to repair to the place where the said rioters are assembled, and to act under our direction, according to law." TITLE IV. OF THE FORMS USED IN THE PROCEEDINGS AUTHORIZED IN THE SECOND BOOK, FOR PROSECUTING OFFENCES. CHAPTER I. Special forms of complaints, accusations, citations, and warrants of arrest. day of Art. 637. Form of a complaint where the complainant is not sufficiently acquainted with the circumstances to make oath of the fact. "Be it remembered, that on this before me, P. B., associate judge of the city court of the city of New Orleans, personally appeared A. B. of the said city, who made complaint, that [his store, situate in Royal-street, was broken open_last night between the hours of ten and twelve, and that ten pieces of Irish linen were stolen and carried away] by some person or persons to him unknown, but that he believes [his opposite neighbour C. D.] can give testimony that may designate the offenders. "Sworn this day before me." (Signed) "A. B. Art. 638. Citation for witnesses to appear before the magistrate. "Mr C. D., you are commanded to appear forthwith before me, [G. P., one of the associate judges of the city court of the city of New Orleans, at my office in the city-hall,] to testify what you know relative to a complaint made by A. B., of [house-breaking]; and hereof fail not under the penalties imposed by law of fine, imprisonment, and constraint. Given under my hands, this in the year Art. 639. Return of the service. day of "I, H. R., one of the constables of the city of New Orleans, certify, on my oath of office, that I did on this day deliver a copy of the within citation to C. D. therein named, about the hour of ten in the morning." Art. 640. If the witness does not appear according to the citation, the magistrate is authorized to impose a fine not exceeding five dollars, and to issue a warrant of attachment to constrain his appearance; and if he appear and refuse to give testimony, he may commit him to prison until he shall submit to be examined. Art. 641. Warrant of attachment to compel the appearance of a witness before the magistrate. "By G. P., associate judge of the city court of New Orleans. Το any officer of justice of the said city: "You are commanded to take into your custody C. D., and bring him forthwith before me, that he may be examined as a witness in the complaint of A. B. entered before me of the [crime of house-breaking]; and for so doing this shall be your warrant. Witness my hand, this in the year day of Art. 642. Complaint by a person incapable of giving testimony. "Be it remembered, that on this day of before me, G. P., one of the associate judges of the city of New Orleans, appeared [Robert, a mulatto slave, late belonging to J. S. deceased], who declared, that last night, at about eleven o'clock, two white men, who were at work on the plantation of the said J. S., entered his chamber, when he was in bed, and with an axe gave him several mortal wounds, of which he soon after died; that he, the appearer, came into the chamber and saw the last blow given, immediately after which the said persons fled; that their names were G. H. and I. K.-the first a very tall spare man, about thirty years of age-and the other short, and about the age of sixty; that a free mulatto man, named John Clark, also saw the stroke given, and endeavoured, with the deponent, to arrest the murderers, but that they could not effect it; and that the said John Clark refused to accompany this appearer to make complaint." day of in Art. 643. Ex officio complaint by the public prosecutor. "Be it remembered, that on the the year before me, J. P. &c. came J. P., attorney-general of the state, who gave me to understand, that he had reason to believe that [ A. B. and C. D. would, if examined, prove that the offence of giving and receiving a challenge to fight a duel had been lately committed by E. F. and G. H. of the city of New Orleans, respectively]; he therefore required, that a citation should be issued to the said A. B. and C. D. to appear and testify what they know in the premises." Art. 644. Form of an accusation where the defendant's name is not known. "Be it remembered, that on the day of in the |