If anyone, who has in his custody, or under his control, a person entitled to a writ of habeas corpus, whether a writ has been issued or not, transfers such prisoner to the custody, or places him under the power or control of another person, or conceals him, or changes the place of his confinement, with intent to elude the service of such writ, or to avoid the effect thereof, the person so offending shall forfeit to the party aggrieved thereby the sum of four hundred dollars [($400)], to be recovered in a civil action.
History: Laws 1884, ch. 1, § 28; C.L. 1884, § 2039; C.L. 1897, § 2809; Code 1915, § 2617; C.S. 1929, § 63-129; 1941 Comp., § 25-1129; 1953 Comp., § 22-11-29.
ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 176, 177.
Liability of judge, court administrative officer or other custodian of person for whose release the writ is sought, in connection with habeas corpus proceedings, 84 A.L.R. 807.
39A C.J.S. Habeas Corpus § 187.