Obedience to any order for the discharge of any prisoner, granted pursuant to the provisions of this chapter, may be enforced by the officer issuing such writ or granting such order, by attachment, in the same manner as herein provided for a neglect to make a return to a writ of habeas corpus, and the person guilty of such disobedience shall forfeit to the party aggrieved, one thousand dollars [($1,000)] in addition to any special damages such party may have sustained.
History: Laws 1884, ch. 1, § 26; C.L. 1884, § 2037; C.L. 1897, § 2807; Code 1915, § 2615; C.S. 1929, § 63-127; 1941 Comp., § 25-1127; 1953 Comp., § 22-11-27.
ANNOTATIONSMeaning of "this chapter". — The term "this chapter" appeared in the original act, which was divided into three unnumbered divisions, to-wit: habeas corpus, §§ 1 to 36; mandamus, §§ 37 to 50; prohibition, §§ 51 to 56; and apparently referred to §§ 1 to 36, the operative provisions of which are compiled as 44-1-1 to 44-1-22, 44-1-25 to 44-1-37 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 176, 177.
Liability for statutory penalty of judge, court, administrative officer or other custodian of person, in connection with habeas corpus proceedings, 84 A.L.R. 807.
39A C.J.S. Habeas Corpus § 187.