If such affidavit is not made, and it appears that any such books, papers, and property are withheld, the officer before whom the proceedings are had, shall, by warrant, commit the person so withholding them to the county jail, there to remain until that person delivers such books, papers, and property, or is otherwise discharged by law.
Code 1858, § 809; Shan., § 1130; Code 1932, § 1871; T.C.A. (orig. ed.), § 8-2905.