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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-35-1 Penalty for wrongful refusal to allow writ of habeas corpus.
Any judge, whether acting individually or as a member
of a court, who wrongfully and willfully refuses to allow
a writ of habeas corpus whenever proper application for the
same has been made shall forfeit and pay a sum not exceeding
$5,000 to the party thereby aggrieved.
1953
78-35-2 Recommitment.
In all cases where it is claimed that a person is illegally
or wrongfully restrained or deprived of his liberty, where
such restraint or imprisonment is for a criminal offense
and there is not sufficient cause for discharge (even though
the commitment may have been informally made or without due
authority, or the process may have been executed by a person
not duly authorized) the court or judge may make a new commitment,
or admit the party to bail, if the case is bailable. And
all material witnesses shall also be required to enter into
a recognizance to appear at the same time and place and not
depart therefrom without leave. All such papers must be filed
in the clerk's office where the same are made returnable.
1953
78-35-3 Recommitment after discharge forbidden - Exceptions.
No person who has been discharged by order of the court or judge upon habeas corpus shall be again imprisoned, restrained, or kept in custody for the same cause, except in the following cases:
(1) if he has been discharged from custody on a criminal charge and is afterward committed for the same offense by legal order or process.
(2) if, after discharge for defect of proof or for any
defect of the process, warrant or commitment in a criminal
case, the prisoner is again arrested on sufficient proof
and committed by legal process for the same offense.
1953
78-35-4 Refusing to exhibit authority for detention - Penalty.
A person refusing to deliver a copy of the legal process
by which he detains the plaintiff in custody to anyone who
demands such copy for the purpose of taking out a writ of
habeas corpus shall forfeit not exceeding $200 to the plaintiff.
1953
78-35-5 Penalties for wrongful acts of defendant.
If the defendant attempts to evade the service of the
writ of habeas corpus, or if the defendant or any officer
willfully fails to comply with the legal duties imposed upon
him, or if he disobeys the order of discharge, he is guilty
of a class B misdemeanor, and shall also forfeit to the person
aggrieved not more than $5,000. Any person knowingly aiding
in or abetting invalidation of this section is subject to
the same punishment and forfeiture.
1991
78-35-6 Judgment of ouster - Costs - Penalty by fine where state is party.
When a defendant is found guilty of usurping, intruding
into or unlawfully holding or exercising an office, franchise
or privilege, judgment shall be rendered that such defendant
be ousted and altogether excluded therefrom, and that the
relator recover his costs. The court may also, in its discretion,
in actions to which the state is a party impose upon the
defendant a fine not exceeding $5,000, which fine when collected
must be paid into the state treasury.
1953
78-35-7 Judgment against director of corporation - Of induction in favor of person entitled.
When the action is against a director of a corporation,
and the court finds that, at his election, either illegal
votes were received or legal votes were rejected, or both,
sufficient to change the result, judgment may be rendered
that the defendant be ousted, and judgment of induction entered
in favor of the person who was entitled to be declared elected
at such election.
1953
78-35-8 Action for damages because of usurpation - Limitation of action.
Such person may, at any time within one year after the
date of such judgment, bring an action against the party
ousted and recover the damages he sustained by reason of
such usurpation.
1953
78-35-9 Mandamus and prohibition - Judgment.
In any proceeding to obtain a writ of mandate or prohibition,
if judgment is given for the applicant, he may recover the
damages which he has sustained, as found by the jury, or
as may be determined by the court, or referees upon a reference
ordered, together with costs; and for such damages and costs
an execution may issue, and a peremptory mandate must also
be awarded without delay.
1953
78-35-10 Disobedience of writ - Punishment.
When a peremptory writ of mandate or writ of prohibition
has been issued and directed to an inferior tribunal, corporation,
board or person, if it appears to the court that any member
of such tribunal, corporation, board or person upon whom
such writ has been personally served has, without just excuse,
refused or neglected to obey the same, the court may, upon
motion, impose a fine not exceeding $500. In cases of persistence
in a refusal of obedience, the court may order the party
to be imprisoned until the writ is obeyed, and may make any
orders necessary and proper for the complete enforcement
of the writ.
1953
