Whether a writ has been issued or not, a person who has in his or her custody or under his or her power a prisoner entitled to a writ of habeas corpus, and who, with intent to elude the service of such writ or to avoid the effect thereof, transfers such prisoner to the custody, or places him or her under the power or control of another person, or conceals him or her or changes the place of his or her confinement, shall forfeit to the person aggrieved $400.00, to be recovered in an action of tort on this statute.