Missouri Statute | Act | Code |Statutory Actions And Torts| US Code - US Statute

Every person committed, detained, confined or restrained of his
liberty, within this state, for any criminal or supposed criminal matter,
or under any pretense whatsoever, except when, according to the
provisions of this chapter, such person can be neither discharged nor
bailed, or otherwise relieved, may prosecute a writ of habeas corpus as
herein provided, to inquire into the cause of such confinement or
restraint. (RSMo 1939 § 1590)

Prior revisions: 1929 § 1426; 1919 § 1876; 1909 § 2441

(1977) Held, habeas corpus is a proper remedy to seek relief from cruel
and unusual punishment or conditions even though detention itself was
legal. McIntosh v. Haynes (Mo.), 545 S.W.2d 647.

Application for the writ shall be made by petition, signed by
the party for whose relief it is intended, or by some person in his
behalf, to some court of record, or to any judge thereof other than a
municipal judge. The petition shall be verified by the oath of the
applicant, or some other competent person and shall state in substance by
whom the party for whom the relief is prayed is imprisoned or restrained
of his liberty, and the place where, naming both parties, if their names
are known, or describing them if they are not, all the facts concerning
the imprisonment or restraint, and the true cause thereof, to the best of
the knowledge and belief of the party, and that no application for the
relief sought has been made to or refused by any court, officer or
officers, superior to the one to whom the petition is presented; and, if
the imprisonment is alleged to be illegal, the petition also shall state
in what the illegality consists. (RSMo 1939 § 1591, A.L. 1955 p. 776,
A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1427; 1919 § 1877; 1909 § 2442

Effective 1-2-79

When a person applies for the benefit of this chapter, who is
held in custody on a charge of crime or misdemeanor, his application, in
the first instance, shall be to a judge of the circuit court for the
county in which the applicant is held in custody, other than a municipal
judge; and upon every application of the kind aforesaid, the applicant
shall cause reasonable notice of the time and place of making the
application to be given to the circuit or prosecuting attorney for the
county in which the application is to be made, if at the time thereof
such attorney be in the county, and upon such notice, it shall be the
duty of such attorney to attend upon the hearing of such application on
behalf of the state. (RSMo 1939 § 1658, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1494; 1919 § 1944; 1909 § 2509

Effective 1-2-79

(1975) This section superseded as to writs of habeas corpus by supreme
court rule 84.22. Reiter v. Camp (A.), 518 S.W.2d 82.

Whenever an application under this chapter for a writ of habeas
corpus shall be refused, it shall not be lawful for any inferior court or
officer to entertain any application for the relief sought from, and
refused by, a superior court or officer. (RSMo 1939 § 1657)

Prior revisions: 1929 § 1493; 1919 § 1943; 1909 § 2508

If the restraint or confinement is by virtue of any warrant,
order or process, a copy thereof must accompany the petition, or it must
appear, by affidavit annexed thereto, that by reason of the prisoner
being removed or concealed before the application, a demand of such copy
could not be made, or that such demand was made of the person by whom the
prisoner is confined or restrained, and a copy refused. (RSMo 1939 § 1592)

Prior revisions: 1929 § 1428; 1919 § 1878; 1909 § 2443

Any court empowered to grant a writ of habeas corpus under this
chapter to whom such petition shall be presented, shall grant such writ
without delay, unless it appear, from the petition itself, or the
documents annexed, that the party can neither be discharged nor admitted
to bail, nor in any other manner relieved under the provisions of this
chapter. (RSMo 1939 § 1593, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1429; 1919 § 1879; 1909 § 2444

Effective 1-2-79

Whenever any court of record, or any judge thereof, shall have
evidence, from any judicial proceedings had before such court or judge,
that any person is illegally confined or restrained of his liberty,
within the jurisdiction of such court or judge, it shall be the duty of
the court or judge to issue a writ of habeas corpus for his relief,
although no application or petition be presented for such writ. (RSMo
1939 § 1594)

Prior revisions: 1929 § 1430; 1919 § 1880; 1909 § 2445

Every writ of habeas corpus shall be in the name of the state of
Missouri, directed to the officer or person by whom the party to be
relieved is imprisoned or restrained of his liberty, commanding him to
have the body of the person so detained or imprisoned, together with the
time and cause of such imprisonment and detention, before the court or
judge, without delay, to do and receive what shall then and there be
considered concerning the person imprisoned or detained. (RSMo 1939 §
1595)

Prior revisions: 1929 § 1431; 1919 § 1881; 1909 § 2446

All such writs issued by a court shall be under the seal
thereof; and if issued by a judge out of court, they shall be signed by
such judge. (RSMo 1939 § 1596)

Prior revisions: 1929 § 1432; 1919 § 1882; 1909 § 2447

On such writ the person having the custody of the prisoner may
be designated either by his name of office, if he have any, or by his own
name; or, if both names be uncertain or unknown, he may be described by
an assumed appellation; and the person directed to be produced may be
designated by his name, or if his name be uncertain or unknown, he may be
described in any other way, so as to designate the person intended. (RSMo
1939 § 1597)

Prior revisions: 1929 § 1433; 1919 § 1883; 1909 § 2448

Such writs shall not be disobeyed for any defect of form; and
anyone who shall be served therewith shall be deemed to be the person to
whom it is directed, although it may be directed to him by a wrong name
or description, or to another person; and to the end that no person may
pretend ignorance therein, every writ of habeas corpus, issued under the
provisions of this chapter, shall be endorsed with these words: "By the
habeas corpus act". (RSMo 1939 § 1598)

Prior revisions: 1929 § 1434; 1919 § 1884; 1909 § 2449

The courts allowing a writ of habeas corpus may, in their
discretion, require, as a duty to be performed in order to render the
service thereof effectual, that the charges of bringing up the prisoner
and conveying him back, if remanded, shall be paid by the petitioner; and
in such case the court shall, on the allowance of the writ, specify the
amount, which shall not exceed ten cents per mile; and the amount so to
be paid shall be stated in writing on the writ, signed by the clerk, if
in term, or by the officer by whom the writ is awarded. (RSMo 1939 §
1599, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1435; 1919 § 1885; 1909 § 2450

Effective 1-2-79

In all cases where charges are allowed by the court or officer
awarding the writ, the person serving the same shall pay or tender to the
officer or other person having custody of the prisoner, the amount of the
charges for bringing up such prisoner, and shall also give bond, with
security if required, to the officer or person having custody of the
party to be relieved, conditioned for the payment of the charges of
conveying back the prisoner, if remanded. Otherwise the service shall not
be deemed complete. (RSMo 1939 § 1602)

Prior revisions: 1929 § 1438; 1919 § 1888; 1909 § 2453

The writ may be served by delivering the same to the officer or
person to whom it is directed, or by being left at the jail or other
place in which the prisoner may be confined, with any under officer,
jailer or other person having charge of the prisoner for the time being.
(RSMo 1939 § 1600)

Prior revisions: 1929 § 1436; 1919 § 1886; 1909 § 2451

If the person upon whom the writ ought to be served conceal
himself or refuse admittance to the person attempting the service
thereof, it may be served by affixing the same in some conspicuous place
on the outside either of his dwelling house or of the place where the
party is confined. (RSMo 1939 § 1601)

Prior revisions: 1929 § 1437; 1919 § 1887; 1909 § 2452

It shall be the duty of every officer and other person upon whom
a writ of habeas corpus shall be served, according to the provisions of
this chapter, whether such writ be directed to him or not, to obey and
return such writ, according to the exigency thereof, to the court or
associate circuit judge by whom the writ was awarded; or, in case of the
adjournment of such court, or the absence of such associate circuit
judge, then before some other judge herein authorized to issue such writ.
(RSMo 1939 § 1603)

Prior revisions: 1929 § 1439; 1919 § 1889; 1909 § 2454

If the place of hearing be within twenty miles of the place of
service, the return shall be made within twenty-four hours after service
of the writ, and the like time shall be allowed for every additional
twenty miles. (RSMo 1939 § 1604)

Prior revisions: 1929 § 1440; 1919 § 1890; 1909 § 2455

Every officer or other person upon whom such writ of habeas
corpus shall be duly served shall state in his return, plainly and
unequivocally:

(1) Whether he has or has not the party in his custody, or under his
power or restraint;

(2) If he has the party in custody or power, or under his restraint, he
shall state the authority and true cause of such imprisonment or
restraint, setting forth the same at large;

(3) If the party be detained or imprisoned by virtue of any writ, order,
warrant or other written authority, a copy thereof shall be annexed to
the return, and the original shall be produced and exhibited on the
return of the writ, to the court or officer to whom the same is
returnable;

(4) If the person making the return shall have had the party in his power
or custody, or under his restraint, at any time before the service of the
writ, and has transferred such custody or restraint to another, the
return shall state particularly to whom, at what time, for what cause,
and by what authority such transfer took place. (RSMo 1939 § 1605)

Prior revisions: 1929 § 1441; 1919 § 1891; 1909 § 2456

The return must be signed by the person making the same, and
except where such person shall be a sworn public officer, and shall make
his return in his official capacity, it shall be verified by his oath.
(RSMo 1939 § 1606)

Prior revisions: 1929 § 1442; 1919 § 1892; 1909 § 2457

If any officer or person upon whom a writ of habeas corpus shall
have been served shall have in his custody or power, or under his
restraint, the party for whose benefit the writ was awarded, he shall
also bring the body of such person before the court, according to the
command of the writ, and within the time herein specified for making
return, except in case of sickness of such person, as herein provided.
(RSMo 1939 § 1607, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1443; 1919 § 1893; 1909 § 2458

Effective 1-2-79

Whenever, from the sickness or other infirmity of the person
directed to be produced by any writ of habeas corpus, such person cannot,
without danger, be brought before the court before whom the writ is
returnable, the person in whose custody he is may state the fact in his
return, verifying the same by his oath; and such court, if satisfied of
the truth of such allegation, and the return be otherwise sufficient,
shall proceed thereon, and dispose of the matter in the same manner as if
the prisoner were brought before him, except as in section 532.220
provided. (RSMo 1939 § 1635, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1471; 1919 § 1921; 1909 § 2486

Effective 1-2-79

If, in the case mentioned in section 532.210, it appear that the
prisoner is legally imprisoned and not bailable, such court shall proceed
no further therein; if he ought to be held to answer for a bailable
offense, an order shall be made and proceeded on, as provided by this
chapter in case where the prisoner is remanded for want of bail; and when
it appears that the prisoner is entitled to his discharge, the court
shall make an order to that effect. (RSMo 1939 § 1636, A.L. 1978 H.B.
1634)

Prior revisions: 1929 § 1472; 1919 § 1922; 1909 § 2487

Effective 1-2-79

No prisoner, charged with a criminal offense, shall be removed
by a writ of habeas corpus out of the county in which he is confined, at
any time within fifteen days next preceding the term of court at which
such prisoner ought to be tried, except it be to convey him into the
county where the offense with which he is charged is properly cognizable.
(RSMo 1939 § 1644)

Prior revisions: 1929 § 1480; 1919 § 1930; 1909 § 2495

When the party for whose benefit a writ of habeas corpus shall
have been issued shall stand committed for any criminal or supposed
criminal matter, it shall be the duty of the officer or person upon whom
the writ was served to bring with the writ all and every examination and
information in his hands, possession, custody or charge, relating to the
commitment. (RSMo 1939 § 1613)

Prior revisions: 1929 § 1449; 1919 § 1899; 1909 § 2464

If no such examination shall have accompanied the commitment,
nor be in the possession of the officer having the prisoner in custody,
such officer shall exhibit the writ of habeas corpus, when served on him,
to the judge by whom the prisoner was committed, or to the clerk of the
court, if the papers are in his office; and it shall be the duty of the
judge or clerk to deliver to such officer having the custody of the
prisoner the examination and proofs relating to the offense charged, to
be by such officer returned with the writ. (RSMo 1939 § 1614, A.L. 1978
H.B. 1634)

Prior revisions: 1929 § 1450; 1919 § 1900; 1909 § 2465

Effective 1-2-79

If no examination shall have been filed with the commitment, or
filed in the office of the clerk of the court, as required by law, and
none be produced by the committing judge, upon the exhibition of the writ
of habeas corpus to him, as provided in section 532.250, such judge shall
appear in person, at the time and place to which the writ is returnable,
and if he fail to do so may be proceeded against by attachment. (RSMo
1939 § 1615, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1451; 1919 § 1901; 1909 § 2466

Effective 1-2-79

Whenever it shall appear by satisfactory proof that any person
is illegally imprisoned or restrained of his liberty, and that there is
good reason to believe that he will be carried out of the state, or
suffer some irreparable injury, before he can be relieved by a writ of
habeas corpus, any court, authorized to issue such writs, may issue a
warrant reciting the facts, and directed to any sheriff, coroner or other
person, commanding him to take the prisoner and bring him forthwith
before such court, to be dealt with according to law. (RSMo 1939 § 1639,
A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1475; 1919 § 1925; 1909 § 2490

Effective 1-2-79

When the proof shall also be sufficient to justify an arrest of
the person having such prisoner in his custody, as for a criminal offense
committed in the taking or detaining such prisoner, the warrant shall
also contain an order for the arrest of such person for such offense.
(RSMo 1939 § 1640)

Prior revisions: 1929 § 1476; 1919 § 1926; 1909 § 2491

The warrant shall be executed according to the command thereof;
and when the prisoner shall be brought before a court, the person
detaining such prisoner shall make a return in like manner, and the like
proceedings shall be had as if a writ of habeas corpus had been issued in
the first instance. (RSMo 1939 § 1641, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1477; 1919 § 1927; 1909 § 2492

Effective 1-2-79

If the person having such prisoner in custody shall be brought
before a court as for a criminal offense, he shall be examined,
committed, bailed or discharged, in like manner as in other criminal
cases of like nature. (RSMo 1939 § 1642, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1478; 1919 § 1928; 1909 § 2493

Effective 1-2-79

Upon the return of the writ of habeas corpus, a day shall be set
for the hearing of the cause of imprisonment or restraint, not exceeding
five days thereafter, unless the prisoner shall request a longer time; or
the court or officer may proceed to such hearing immediately, as the
circumstances of the case may require. (RSMo 1939 § 1616)

Prior revisions: 1929 § 1452; 1919 § 1902; 1909 § 2467

The party brought before any court, by virtue of any writ of
habeas corpus, may deny the material facts set forth in the return, or
allege any fact to show, either that his detention or imprisonment is
unlawful, or that he is entitled to his discharge; which allegations or
denials shall be on oath. (RSMo 1939 § 1617, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1453; 1919 § 1903; 1909 § 2468

Effective 1-2-79

The return and the allegations made against it may be amended,
by leave of the court before whom the writ is returned at any time, that
thereby material facts may be ascertained. (RSMo 1939 § 1618, A.L. 1978
H.B. 1634)

Prior revisions: 1929 § 1454; 1919 § 1904; 1909 § 2469

Effective 1-2-79

Where any person brought before any court upon a writ of habeas
corpus shall have been committed for any criminal or supposed criminal
matter, the examination and information, taken and certified by the
committing judge, shall be read in evidence before the court before whom
the prisoner is brought. (RSMo 1939 § 1625, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1461; 1919 § 1911; 1909 § 2476

Effective 1-2-79

When the offense is clearly and specifically set forth in the
warrant of commitment, no evidence other than the examination taken and
certified thereunto shall be received for or against the prisoner, unless
such examination has not been taken and certified according to law, in
which case the committing judge may be examined, if desired by the
prisoner, as to the evidence on which the commitment was found, and
thereupon the court shall proceed to bail, discharge or remand the
prisoner, as the circumstances of the case may require; and in the
absence of all such evidence, the prisoner shall not be discharged, but
may be bailed or remanded, according to the circumstances of the case.
(RSMo 1939 § 1628, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1464; 1919 § 1914; 1909 § 2479

Effective 1-2-79

The court shall proceed to examine into the cause of confinement
or restraint, and shall settle the facts in a summary way, by hearing the
testimony, as well on the part of the persons interested as of the
prisoner, and the person who holds him in custody, and shall dispose of
the prisoner as the case shall require. (RSMo 1939 § 1619, A.L. 1978 H.B.
1634)

Prior revisions: 1929 § 1455; 1919 § 1905; 1909 § 2470

Effective 1-2-79

In all cases where it shall appear from the evidence in any
proceedings in habeas corpus, instituted between husband and wife for the
custody of their children under the age of fourteen years, that by reason
of insanity, drunkenness, cruelty, or other cause, the party against whom
the complaint is brought is unfit to have the care and government of the
child or children in controversy, it shall be lawful for the court
hearing said cause to award the custody of the same to the complainant or
other guardian, as shall be deemed best in the premises, and to make such
other orders touching the custody and control of such child or children
as the court may deem proper; and the order or decree of court touching
said custody shall be valid and remain in force during any period within
the minority of said child or children, which shall be fixed by said
court; and any person at any time violating said order or decree may be
dealt with summarily for contempt. (RSMo 1939 § 1659)

Prior revisions: 1929 § 1495; 1919 § 1945; 1909 § 2510

If no legal cause be shown for the imprisonment or restraint, or
for the continuation thereof, the court shall forthwith discharge such
party from the custody or restraint under which he is held. (RSMo 1939 §
1620, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1456; 1919 § 1906; 1909 § 2471

Effective 1-2-79

No person shall be discharged under the provisions of this
chapter who is in custody or held by virtue of any legal engagement or
enlistment in the army or navy of the United States, or who, being
subject to the rules and articles of war, is confined by one legally
acting under the authority thereof, or who is held as prisoner of war
under the authority of the United States, or who is in custody for any
treason, felony, or other high misdemeanor, committed in any other state
or territory of the United States, and by the constitution and laws of
the United States, ought to be delivered up to such state or territory.
(RSMo 1939 § 1622)

Prior revisions: 1929 § 1458; 1919 § 1908; 1909 § 2473

No person shall be entitled to the benefit of the provisions of
this chapter for the reason that the judgment by virtue of which such
person is confined was erroneous as to time or place of imprisonment; but
in such cases it shall be the duty of the court or officer before whom
such relief is sought to sentence such person to the proper place of
confinement and for the correct length of time from and after the date of
the original sentence, and to cause the officer or other person having
such prisoner in charge to convey him forthwith to such designated place
of imprisonment. (RSMo 1939 § 1660)

Prior revisions: 1929 § 1496; 1919 § 1946; 1909 § 2511

It shall be the duty of the court forthwith to remand the party,
if it shall appear that he is detained in custody, either:

(1) By virtue of process issued by any court or judge of the United
States, in a cause where such court or judge has exclusive jurisdiction;
or

(2) By virtue of the final judgment or decree of any competent court of
civil or criminal jurisdiction, or of any execution issued upon such
judgment or decree; or

(3) For any contempt, specially and plainly charged in the commitment, by
some court, officer or body, having authority to commit for a contempt so
charged; or

(4) That the time during which such party may be legally detained has not
expired. (RSMo 1939 § 1621, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1457; 1919 § 1907; 1909 § 2472

Effective 1-2-79

(1972) Where warrant of commitment by which petitioner for writ of habeas
corpus was confined for direct criminal contempt of court recited only
that the commitment was "in lieu of payment of a fine . . . . heretofore
assessed as a punishment for being in contempt of court", it failed to
satisfy statutory and decisional requirements that it set forth the
particular circumstances of the offense and did not justify petitioner's
detention. In re Randolph (A.), 474 S.W.2d 36.

It shall not be lawful for any court, on such second writ of
habeas corpus, to discharge the prisoner, if he is clearly and
specifically charged in the order remanding him, or on the warrant of
commitment, with a criminal offense, but the prisoner, on the return of
such writ, shall be bailed or remanded to prison, according to the
circumstances of the case. (RSMo 1939 § 1645, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1481; 1919 § 1931; 1909 § 2496

Effective 1-2-79

If it appear that the prisoner is in custody by virtue of
process from any court legally constituted, or issued by any officer in
the service of judicial proceedings before him, such prisoner can only be
discharged in one of the following cases:

(1) Where the jurisdiction of such court or officer has been exceeded,
either as to matter, place, sum or person;

(2) Where, though the original imprisonment was lawful, yet, by some act,
omission or event, which has taken place afterward, the party has become
entitled to be discharged;

(3) Where the process is defective in some matter of substance required
by law, rendering such process void;

(4) Where the process, though in proper form, has been issued in a case
or under circumstances not allowed by law;

(5) Where the process, though in proper form, has been issued or executed
by a person who is not authorized by law to issue or execute the same, or
where the person having the custody of such prisoner under such process
is not the person empowered by law to detain him;

(6) Where the process is not authorized by any judgment, order or decree,
nor by any provision of law. (RSMo 1939 § 1623)

Prior revisions: 1929 § 1459; 1919 § 1909; 1909 § 2474

But no court, under the provisions of this chapter, shall in any
other matter have power to inquire into the legality or justice of any
process, judgment, decree or order of any court legally constituted, nor
into the justice or propriety of any commitment for contempt, made by any
court, officer or body, according to law, and plainly charged in such
commitment, as herein provided; but nothing in this section contained,
nor any other part of this chapter, shall be so construed as to prevent
any prisoner from being discharged when the matter alleged in the order
of commitment shall not, in point of law, amount to a contempt. (RSMo
1939 § 1624)

Prior revisions: 1929 § 1460; 1919 § 1910; 1909 § 2475

No person imprisoned on any indictment found in any court of
competent jurisdiction, or by virtue of any process or commitment to
enforce such indictment, can be discharged under the provisions of this
chapter; but if the offense be bailable, he may be let to bail, and if
the offense be not bailable, he shall be remanded forthwith. (RSMo 1939 §
1626)

Prior revisions: 1929 § 1462; 1919 § 1912; 1909 § 2477

When the imprisonment is for a criminal or supposed criminal
matter, the court before whom the prisoner shall be brought, under the
provisions of this chapter, shall not discharge him for any informality,
insufficiency or irregularity of the commitment; but if, from the
examination taken and certified by the committing judge, or other
evidence, it appear that there is sufficient legal cause for commitment,
he shall proceed to take bail, if the offense be bailable, and good bail
be offered; if not, shall commit the prisoner to jail. (RSMo 1939 § 1627,
A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1463; 1919 § 1913; 1909 § 2478

Effective 1-2-79

If it appear that any person brought before a court under this
chapter is entitled to be discharged, the court shall make an order, in
writing, commanding those who have such person in custody to discharge
him forthwith, and shall also deliver to the person discharged a
certificate of such discharge. (RSMo 1939 § 1629, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1465; 1919 § 1915; 1909 § 2480

Effective 1-2-79

If the prisoner be held to answer for a bailable offense, the
court shall determine in what sum bail shall be given, and shall cause
the prisoner to enter into a recognizance, with sufficient sureties,
which recognizance shall be taken, certified and returned as provided by
law in like cases; and if the prisoner does not give the required bail,
the court shall make an order remanding him, and shall, by such order,
designate the sum in which bail shall be taken, and the court at which he
is required to appear, and that, on such bail being entered into, in
conformity with such order and the provisions of law, the prisoner shall
be discharged. (RSMo 1939 § 1630, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1466; 1919 § 1916; 1909 § 2481

Effective 1-2-79

Upon the production of such order to any judge or clerk of a
court of record, he shall be authorized to take the recognizance, with
sufficient sureties, in the sum directed, conditioned for the appearance
of the prisoner at the court designated in such order. (RSMo 1939 § 1631)

Prior revisions: 1929 § 1467; 1919 § 1917; 1909 § 2482

If a prisoner be not entitled to his discharge, and be not
bailed, the court before whom the proceedings are had shall remand him to
the custody or place him under the restraint from which he was taken, if
the person under whose custody or restraint he was, be entitled thereto;
if not so entitled, then he shall be committed to the custody of such
officer or person as by law is entitled thereto. (RSMo 1939 § 1632, A.L.
1978 H.B. 1634)

Prior revisions: 1929 § 1468; 1919 § 1918; 1909 § 2483

Effective 1-2-79

When any prisoner shall be let to bail or remanded, all
examinations and documents which shall have been produced by the officer
or person making the return shall be redelivered to him, the testimony of
witnesses examined, the recognizances of all such as testify anything
material taken, and, with the examination, duly certified and returned,
as required by law in like cases. (RSMo 1939 § 1633)

Prior revisions: 1929 § 1469; 1919 § 1919; 1909 § 2484

Until judgment be given upon the return, the court before whom
the party shall be brought may either commit such party to the custody of
the sheriff of the county in which the proceedings are had, or place him
in such care or custody as his age or other circumstances may require.
(RSMo 1939 § 1634, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1470; 1919 § 1920; 1909 § 2485

Effective 1-2-79

Obedience to any order for the discharge of a prisoner, granted
pursuant to the provisions of this chapter, may be enforced by the court
granting such order, by attachment, in the same manner as herein provided
in cases of failure to make return to a writ of habeas corpus, and with
like effect in all respects. (RSMo 1939 § 1637, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1473; 1919 § 1923; 1909 § 2488

Effective 1-2-79

No sheriff or other person shall be liable to any civil action
for obeying any order of discharge, made according to the provisions of
this chapter; and if any action shall be brought against him for
suffering any person committed to his custody to go at large, pursuant to
any such order, he may plead the same in his answer thereto, in bar of
such action. (RSMo 1939 § 1638)

Prior revisions: 1929 § 1474; 1919 § 1924; 1909 § 2489

No person who has been discharged, by the order of any court or
associate circuit judge, upon a writ of habeas corpus issued pursuant to
this chapter, shall be again imprisoned, restrained or kept in custody
for the same cause; but it shall not be deemed the same cause:

(1) If he shall have been discharged from a commitment on a criminal
charge, and be afterward committed for the same offense by the legal
order or process of the court wherein he shall be bound by a recognizance
to appear, or in which he shall be indicted or convicted for the same
offense; or

(2) If, after a discharge for defect of proof, or for any material defect
in the commitment in a criminal case, the prisoner may again be arrested
on sufficient proof, and committed by legal process for the same offense;
or

(3) When the discharge in any case has been ordered on account of the
nonobservance of any of the forms required by law, and the party is again
arrested for imprisonment, by legal process, for sufficient cause, and
according to the forms required by law. (RSMo 1939 § 1643)

Prior revisions: 1929 § 1479; 1919 § 1929; 1909 § 2494

If the officer, or person upon whom the writ of habeas corpus
shall be duly served, shall refuse or neglect to obey the same, by
producing the party named in the writ, and making a full and explicit
return to such court, within the time required by this chapter, and no
sufficient excuse for such refusal or neglect be shown, the court or
officer before whom such writ shall have been made returnable shall, upon
due proof of service thereof, forthwith issue an attachment against the
delinquent, directed to the sheriff of any county within this state,
commanding him forthwith to apprehend such delinquent, and to bring him
immediately before such court or officer. (RSMo 1939 § 1608)

Prior revisions: 1929 § 1444; 1919 § 1894; 1909 § 2459

On such person being so brought, he shall be committed to close
custody, in the jail of the county in which the court or officer shall
be, until he shall comply with such writ, and obey any order that may be
made by such court or officer in relation to the person for whose relief
such writ shall have been issued. (RSMo 1939 § 1609)

Prior revisions: 1929 § 1445; 1919 § 1895; 1909 § 2460

If the delinquent be a sheriff, the attachment may be directed
to any coroner, or other person to be designated therein, who shall have
full power to execute the same; and such sheriff, upon being brought up,
may be committed to the jail of any county other than his own. (RSMo 1939
§ 1610)

Prior revisions: 1929 § 1446; 1919 § 1896; 1909 § 2461

The court by whom such attachment shall be awarded may also
issue a precept to the same sheriff, or other person to whom such
attachment shall be directed, commanding him to bring forthwith before
such court the party for whose benefit such writ of habeas corpus shall
have been allowed, who shall thereafter remain in the custody of the
sheriff or person executing such precept, until he shall be discharged,
bailed or remanded, as such court shall direct. (RSMo 1939 § 1611, A.L.
1978 H.B. 1634)

Prior revisions: 1929 § 1447; 1919 § 1897; 1909 § 2462

Effective 1-2-79

In the execution of such writs of attachment and precept, or
either of them, the sheriff or other person to whom they shall be
directed may call to his aid the power of the county, as is provided by
law in the execution of writs and process by any officer. (RSMo 1939 §
1612)

Prior revisions: 1929 § 1448; 1919 § 1898; 1909 § 2463

Any officer or other person having the custody of any prisoner
committed on any civil or criminal process, who shall refuse to give such
prisoner a copy of the process, order or commitment, by virtue of which
the person is held or detained, within six hours after the demand by the
prisoner, or anyone on his behalf, shall be deemed guilty of a
misdemeanor, and shall also forfeit to the party aggrieved five hundred
dollars. (RSMo 1939 § 1648)

Prior revisions: 1929 § 1484; 1919 § 1934; 1909 § 2499

CROSS REFERENCE: Persons arrested not to be detained over twenty hours
unless charged with offense, RSMo 544.170

If any officer or other person, upon whom a writ of habeas
corpus shall be duly served, shall neglect or refuse to obey the same, by
producing the party therein named, and making a full and explicit return
to the writ, as required by this chapter, he shall be deemed guilty of a
misdemeanor, and also forfeit to the party aggrieved a sum not exceeding
one thousand dollars. (RSMo 1939 § 1649)

Prior revisions: 1929 § 1485; 1919 § 1935; 1909 § 2500

Any person having in his custody, or under his power, any person
for whose relief a writ of habeas corpus shall have been issued, or who
would be entitled to a writ of habeas corpus to inquire into the cause of
his detention, who shall, with intent to elude the service of such writ,
or to avoid the effect thereof, transfer such prisoner to the custody or
place him under the control or power of another, or conceal him, or
change the place of his confinement, shall be deemed guilty of a
misdemeanor, and shall also pay to the party aggrieved five hundred
dollars. (RSMo 1939 § 1650)

Prior revisions: 1929 § 1486; 1919 § 1936; 1909 § 2501

Everyone who, knowing that any person has been discharged by
competent authority on a habeas corpus, shall, contrary to the provisions
of this chapter, arrest such person again for the same cause, shall be
deemed guilty of a misdemeanor, and shall also pay to the party aggrieved
five hundred dollars. (RSMo 1939 § 1651)

Prior revisions: 1929 § 1487; 1919 § 1937; 1909 § 2502

Every person who shall knowingly aid or assist in the violation
of section 532.650 or 532.660 shall be deemed guilty of a misdemeanor.
(RSMo 1939 § 1652)

Prior revisions: 1929 § 1488; 1919 § 1938; 1909 § 2503

Every person convicted of a misdemeanor under the provisions of
this chapter shall be punished by fine or imprisonment, or both, in the
discretion of the court in which he shall be convicted, but such fine
shall not exceed one thousand dollars, nor such imprisonment one year.
(RSMo 1939 § 1653)

Prior revisions: 1929 § 1489; 1919 § 1939; 1909 § 2504

The right of action for the penalties declared by this chapter
to be incurred, and to be paid to the party aggrieved, shall not cease by
the death of either party, but such penalty may be sued for and recovered
by the executor or administrator of the aggrieved party, against the
offender or his executor or administrator. (RSMo 1939 § 1654)

Prior revisions: 1929 § 1490; 1919 § 1940; 1909 § 2505

The recoveries of any of the penalties under the provisions of
this chapter shall be no bar to a civil action for damages. (RSMo 1939 §
1655)

Prior revisions: 1929 § 1491; 1919 § 1941; 1909 § 2506

The several provisions contained in this chapter shall be
construed to apply, so far as may be applicable, and except where
otherwise provided, to every writ of habeas corpus authorized to be
issued by any statute of this state. (RSMo 1939 § 1656)

Prior revisions: 1929 § 1492; 1919 § 1942; 1909 § 2507

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