CHAPTER 21-27
HABEAS CORPUS
21-27-1 Right of person detained or imprisoned to apply for writ.
21-27-1.1 Penal institution disciplinary sanctions--Writ not available remedy.
21-27-2 Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return of writ.
21-27-3 Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.
21-27-3.1 Time for application.
21-27-3.2 Repealed by SL 2012, ch 118, § 2.
21-27-3.3 Two-year statute of limitation.
21-27-4 Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel.
21-27-5 Writ awarded unless application shows no right to relief.
21-27-5.1 Second or subsequent application for writ--Leave to file--Dismissal.
21-27-6 Repealed.
21-27-7 Writ used to produce prisoners for testimony in criminal proceedings.
21-27-8 Signature and direction of writ--Endorsement by Habeas Corpus Act.
21-27-9 21-27-9. Repealed by SL 1983, ch 169, § 7.
21-27-9.1 Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.
21-27-9.2 Production of applicant--Payment of expenses--Applicant in state hospital or correctional facility.
21-27-9.3 Return to writ--Time for filing--Content.
21-27-10 Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant--Liability for damages unaffected.
21-27-11 Transfer or concealment of applicant to avoid writ as felony.
21-27-12 Day set for hearing of cause.
21-27-13 Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.
21-27-14 Hearing and disposition of cause by judge.
21-27-14.1 Judge to hear application.
21-27-15 Judgment not inquired into on writ.
21-27-16 Causes for discharge of applicant committed on judicial process.
21-27-16.1 Repealed by SL 2012, ch 118, § 6.
21-27-17 New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.
21-27-18 Admission to bail of applicant in custody under judicial process.
21-27-18.1 Review by Supreme Court--Certificate of probable cause required--Motion for issuance of certificate--Appeal.
21-27-19 Admission to bail on grant of writ.
21-27-20 Supreme Court order required for admission to bail pending application for writ or pending appellate review.
21-27-21 Remand to custody or admission to bail pending review of order discharging writ.
21-27-22 Bail without surety pending review of order discharging prisoner.
21-27-23 Admission to bail by Supreme Court pending review.
21-27-24 Terms of bond given on admission to bail--Surety.
21-27-25 Order for temporary custody of person not held under judicial process--Security required of person granted custody.
21-27-26 Order remanding applicant to custody--Conclusive on second application for writ.
21-27-27 Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody.
21-27-28 Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.
21-27-29 Forfeiture for new arrest or detention after discharge on writ--Liability for damages unaffected.
21-27-1. Right of person detained or imprisoned to apply for writ.
Any person committed or detained, imprisoned or restrained of his liberty, under any color or pretense whatever, civil or criminal, except as provided herein, may apply to the Supreme or circuit court, or any justice or judge thereof, for a writ of habeas corpus.
Source: CCrimP 1877, §§ 671, 672; CL 1887, §§ 7839, 7840; RCCrimP 1903, §§ 771, 772; RC 1919, §§ 4978, 4979; SDC 1939 & Supp 1960, § 37.5501; SL 1983, ch 169, § 1.
21-27-1.1. Penal institution disciplinary sanctions--Writ not available remedy.
A writ of habeas corpus is not a remedy available to an applicant who is incarcerated or detained under a lawful order, or judgment and sentence to seek relief from sanctions imposed upon an applicant or administrative decisions made with regard to such application arising out of disciplinary or administrative actions of the penal institution where the applicant is being confined.
Source: SL 1983, ch 169, § 2.
21-27-2. Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return of writ.
Any person committed for a criminal offense and not brought to trial, as provided by the provisions of this code, is entitled to have the delay inquired into upon a writ of habeas corpus, and the court or judge, upon the return of such writ, shall have power to remand or discharge the applicant or to admit him to bail, with or without sureties as the case may be.
Source: CCrimP 1877, § 678; CL 1887, § 7846; RCCrimP 1903, § 778; RC 1919, § 4984; SDC 1939 & Supp 1960, § 37.5502.
21-27-3. Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.
An application for a writ of habeas corpus shall be in writing and signed by the applicant or some person on his behalf, setting forth the facts concerning his detention and in whose custody he is detained, and shall be accompanied by a copy of the warrant of commitment or other documentary authority, if any, or by an affidavit that such copy has been demanded of the person in whose custody he is detained and by him refused or not given. The application shall identify any previous applications made pursuant to this chapter, together with the grounds therein asserted.
Source: CCrimP 1877, §§ 671, 672; CL 1887, §§ 7839, 7840; RCCrimP 1903, §§ 771, 772; RC 1919, §§ 4978, 4979; SDC 1939 & Supp 1960, § 37.5501; SL 1983, ch 169, § 3.
21-27-3.1. Time for application.
Proceedings under this chapter cannot be maintained while an appeal from the applicant's conviction and sentence is pending or during the time within which such appeal may be perfected.
Source: SL 1983, ch 169, § 4; SL 2012, ch 118, § 1.
21-27-3.2. Repealed by SL 2012, ch 118, § 2.
21-27-3.3. Two-year statute of limitation.
A two-year statute of limitation applies to all applications for relief under this chapter. This limitation period shall run from the latest of:
(1) The date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
(2) The date on which the impediment to filing an application created by state action in violation of the constitution or laws of the United States or of this state is removed, if such impediment prevented the applicant from filing;
(3) The date on which the constitutional right asserted in the application was initially recognized by the Supreme Court of the United States or the Supreme Court of this state if the right has both been newly recognized and is retroactively applicable to cases on collateral review; or
(4) The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
Source: SL 2012, ch 118, § 3.
21-27-4. Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel.
If a person has been committed, detained, imprisoned, or restrained of liberty, under any color or pretense whatever, civil or criminal, and if upon application made in good faith to the court or judge thereof, having jurisdiction, for a writ of habeas corpus, it is satisfactorily shown that the person is without means to prosecute the proceeding, the court or judge shall, if the judge finds that such appointment is necessary to ensure a full, fair, and impartial proceeding, appoint counsel for the indigent person pursuant to chapter 23A-40. Such counsel fees or expenses shall be a charge against and be paid by the county from which the person was committed, or for which the person is held as determined by the court. Payment of all such fees or expenses shall be made only upon written order of the court or judge issuing the writ. The ineffectiveness or incompetence of counsel, whether retained or appointed, during any collateral post-conviction proceeding is not grounds for relief under this chapter.
Source: SL 1943, ch 126; SDC Supp 1960, § 37.5504-1; SL 1969, ch 163; SL 1983, ch 169, § 5; SL 2012, ch 118, § 4.
21-27-5. Writ awarded unless application shows no right to relief.
The court or judge to whom the application for a writ of habeas corpus is made, shall forthwith award the writ, unless it shall appear from the application itself or from any document annexed thereto, that the applicant can neither be discharged nor admitted to bail, nor in any other manner relieved.
Source: CCrimP 1877, §§ 671, 672; CL 1887, §§ 7839, 7840; RCCrimP 1903, §§ 771, 772; RC 1919, §§ 4978, 4979; SDC 1939 & Supp 1960, § 37.5501.
21-27-5.1. Second or subsequent application for writ--Leave to file--Dismissal.
A claim presented in a second or subsequent habeas corpus application under this chapter that was presented in a prior application under this chapter or otherwise to the courts of this state by the same applicant shall be dismissed.
Before a second or subsequent application for a writ of habeas corpus may be filed, the applicant shall move in the circuit court of appropriate jurisdiction for an order authorizing the applicant to file the application.
The assigned judge shall enter an order denying leave to file a second or successive application for a writ of habeas corpus unless:
(1) The applicant identifies newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable fact finder would have found the applicant guilty of the underlying offense; or
(2) The application raises a new rule of constitutional law, made retroactive to cases on collateral review by the United States Supreme Court and the South Dakota Supreme Court, that was previously unavailable. The grant or denial of an authorization by the circuit court to file a second or subsequent application shall not be appealable.
Source: SL 2012, ch 118, § 5.
21-27-6. Repealed.
Source: CCrimP 1877, §§ 681, 688; CL 1887, §§ 7849, 7856; RCCrimP 1903, §§ 781, 788; RC 1919, §§ 4985, 4990; SDC 1939 & Supp 1960, § 37.5507; SL 2024, ch 76, § 1.
21-27-7. Writ used to produce prisoners for testimony in criminal proceedings.
The Supreme and circuit courts and the judges thereof shall have power to issue writs of habeas corpus for the purpose of bringing any person imprisoned in any prison before any court or magistrate, to testify in any criminal action or proceeding in any county of the state, and returning such person to such prison.
Source: CCrimP 1877, § 689; CL 1887, § 7857; RCCrimP 1903, § 789; RC 1919, § 4991; SDC 1939 & Supp 1960, § 37.5503.
21-27-8. Signature and direction of writ--Endorsement by Habeas Corpus Act.
The writ of habeas corpus, if issued by the court, shall be under the seal of the court, or if by a judge, under his hand; and shall be directed to the person in whose custody the applicant is detained. To the end that no officer, sheriff, jailer, keeper, or other person to whom such writ is directed may pretend ignorance thereof, every such writ shall be endorsed with these words, By the Habeas Corpus Act.
Source: CCrimP 1877, § 671; CL 1887, § 7839; RCCrimP 1903, § 771; RC 1919, § 4978; SDC 1939 & Supp 1960, § 37.5501; SL 1983, ch 169, § 6.
21-27-9.1. Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.
The writ of habeas corpus may be served by the sheriff, coroner, or any person appointed for that purpose by the court or judge by whom the writ is entered; if served by a person not an officer, he has the same power, and is liable to the same penalty for nonperformance of his duty, as though he were sheriff. Service shall be made by leaving a copy of the order with the person to whom it is directed, or with any of his subordinates who may be at the place where the applicant is detained. If the respondent does not have the applicant imprisoned or restrained in custody, the service may be made upon any person who has the applicant in custody with the same effect as though he had been made a respondent. Concurrent service of the writ of habeas corpus shall be made upon the state's attorney of the county in which the application is made.
Source: SL 1983, ch 169, § 8; SL 1984, ch 161, § 1.
21-27-9.2. Production of applicant--Payment of expenses--Applicant in state hospital or correctional facility.
The officer or person upon whom the writ of habeas corpus is served shall produce the body of the applicant before the court at the hearing of the cause of imprisonment or detainer. If the applicant is in the custody of a civil officer, the court or judge who granted the writ shall determine the expense of bringing the applicant to court, which shall be paid prior to the hearing. If remanded, security must be given to pay the charges for carrying the applicant back. If the applicant is confined in a state correctional facility or state hospital, the court shall issue an order commanding the sheriff of the county in which the application is made to take custody of the applicant during the pendency of any proceedings before the court and to transport the applicant from and return the applicant to a state correctional facility or state hospital if the applicant is not released.
Source: SL 1983, ch 169, § 9; SL 1984, ch 161, § 2; SL 2023, ch 82, § 8.
21-27-9.3. Return to writ--Time for filing--Content.
The state's attorney of the county in which the writ of habeas corpus was issued shall file a return to the writ within fifteen days unless for good cause additional or less time, is granted. The return shall state the true cause or authority for the detention.
Source: SL 1983, ch 169, § 10; SL 1984, ch 161, § 3.
21-27-10. Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant--Liability for damages unaffected.
If any officer, sheriff, jailer, keeper, or other person to whom any writ of habeas corpus is directed shall neglect or refuse to make the return, or to bring the body of the applicant according to the command of such writ, he shall be punished as for contempt and shall also forfeit to the prisoner or person aggrieved a sum not exceeding five hundred dollars. Recovery of the penalties provided herein shall be no bar to a civil suit for damages.
Source: CCrimP 1877, §§ 682, 688; CL 1887, §§ 7850, 7856; RCCrimP 1903, §§ 782, 788; RC 1919, §§ 4986, 4990; SDC 1939 & Supp 1960, § 37.5507.
21-27-11. Transfer or concealment of applicant to avoid writ as felony.
Anyone having a person in his custody or under his restraint, power, or control for whose relief a writ of habeas corpus is issued who, with intent to avoid the effect of such writ, shall transfer such person to the custody, or place him or her under the control of another, or shall conceal him or her, or change the place of his or her confinement, with intent to avoid the operation of such writ, or with intent to remove him or her out of this state, is guilty of a Class 5 felony.
Source: CCrimP 1877, § 683; CL 1887, § 7851; RCCrimP 1903, § 783; RC 1919, § 4987; SDC 1939 & Supp 1960, § 37.9905; SL 1979, ch 150, § 26.
21-27-12. Day set for hearing of cause.
Upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause of imprisonment or detainer, not exceeding thirty days thereafter, unless for good cause additional or less time is allowed.
Source: CCrimP 1877, § 673; CL 1887, § 7841; RCCrimP 1903, § 773; RC 1919, § 4980; SDC 1939 & Supp 1960, § 37.5504; SL 1983, ch 169, § 11.
21-27-13. Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.
The applicant for a writ of habeas corpus may deny any of the material facts set forth in the return or may allege any fact to show, either that the imprisonment or detention is unlawful or that he is then entitled to his discharge, which allegations or denials shall be made on oath. The return may be amended by leave of the court or judge, before or after the same is filed, as also may all suggestions made against it, in order that all material facts may be ascertained.
Source: CCrimP 1877, § 673; CL 1887, § 7841; RCCrimP 1903, § 773; RC 1919, § 4980; SDC 1939 & Supp 1960, § 37.5504.
21-27-14. Hearing and disposition of cause by judge.
The court or judge shall proceed in a summary way to settle the facts by hearing the evidence and arguments, as well of all persons interested civilly, if any there be, as of the applicant and the person who holds him in custody, and shall dispose of the applicant as the case may require.
Source: CCrimP 1877, § 673; CL 1887, § 7841; RCCrimP 1903, § 773; RC 1919, § 4980; SDC 1939 & Supp 1960, § 37.5504.
21-27-14.1. Judge to hear application.
The application shall be heard before any judge of the court in which the conviction took place. A record of the proceedings shall be made and kept. There may be no proceedings on an application by a judge who imposed sentence on the applicant or who otherwise denied him relief concerning the subject matter involved in the application.
Source: SL 1983, ch 169, § 12.
21-27-15. Judgment not inquired into on writ.
No court or judge, on the return of a writ of habeas corpus, shall in any other manner inquire into the legality or justice of a judgment or decree of a court legally constituted.
Source: CCrimP 1877, § 673; CL 1887, § 7841; RCCrimP 1903, § 773; RC 1919, § 4980; SDC 1939 & Supp 1960, § 37.5504.
21-27-16. Causes for discharge of applicant committed on judicial process.
If it appears on the return of a writ of habeas corpus that the applicant is in custody by virtue of process from any court legally constituted, he can be discharged only for one or more of the following causes:
(1) When the court has exceeded the limit of its jurisdiction, either as to the matter, place, sum, or person;
(2) Where, though the original imprisonment was lawful, yet by some act, omission, or event, which has subsequently taken place, the party has become entitled to his discharge;
(3) Where the process is defective in some substantial form required by law;
(4) Where the process, though in proper form, has been issued in a case or under circumstances where the laws do not allow process or orders for imprisonment or arrest to issue;
(5) When, although in proper form, the process has been issued or executed by a person either unauthorized to issue or execute the same, or where the person having the custody of the applicant, under the process, is not the person empowered by law to detain him;
(6) Where the process appears to have been obtained by fraud, false pretense, or bribery;
(7) Where there is no general law nor any judgment, order, or decree of a court to authorize the process, if in a civil suit, nor any conviction, if in a criminal proceeding.
Source: CCrimP 1877, § 673; CL 1887, § 7841; RCCrimP 1903, § 773; SL 1915, ch 145; RC 1919, § 4980; SDC 1939 & Supp 1960, § 37.5504.
21-27-16.1. Repealed by SL 2012, ch 118, § 6.
21-27-17. New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.
In all cases where the imprisonment is in a criminal, or supposed criminal matter, if it shall appear to the court or judge that there is sufficient legal cause for the commitment of the applicant, although such commitment may have been informally made or without due authority, or the process may have been executed by a person not authorized, the court or judge shall make a new commitment in proper form, directed to the proper officer, or shall admit the applicant to bail, if the case be bailable, as upon a preliminary examination.
Source: CCrimP 1877, § 673; CL 1887, § 7841; RCCrimP 1903, § 773; RC 1919, § 4980; SDC 1939 & Supp 1960, § 37.5504.
21-27-18. Admission to bail of applicant in custody under judicial process.
Sections 21-27-19 to 21-27-24, inclusive, shall control the admission to bail where the application for the writ of habeas corpus is by or in behalf of a person in custody under judicial process.
Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509.
21-27-18.1. Review by Supreme Court--Certificate of probable cause required--Motion for issuance of certificate--Appeal.
A final judgment or order entered under this chapter may not be reviewed by the Supreme Court of this state on appeal unless the circuit judge who renders the judgment or a justice of the Supreme Court issues a certificate of probable cause that an appealable issue exists. A motion seeking issuance of a certificate of probable cause shall be filed within thirty days from the date the final judgment or order is entered. The issuance or refusal to issue a certificate of probable cause is not appealable. However, a party may, upon the circuit court judge's refusal to issue a certificate of probable cause, file a separate motion for issuance of a certificate of probable cause with the Supreme Court within twenty days of the entry of the circuit judge's refusal. Any party filing a motion with the Supreme Court shall serve a copy of the motion upon the opposing party, who shall have ten days to respond. The applying party shall then have five days to reply to such response. If a certificate of probable cause is issued the appeal may be brought by an applicant or the state within thirty days after entry of the certificate of probable cause.
Service of either a motion for a certificate of probable cause or of an appeal must be made upon both the attorney general and the appropriate state's attorney when the motion is made or the appeal is taken by the party seeking the habeas corpus relief.
Source: SL 1983, ch 169, § 14; SL 1986, ch 174; Supreme Court Rule 89-15; SL 2002, ch 250, § 3.
21-27-19. Admission to bail on grant of writ.
When the writ of habeas corpus is granted, the court or judge granting the writ may, within its discretion, admit the prisoner to bail, pending further order of the court.
Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (1).
21-27-20. Supreme Court order required for admission to bail pending application for writ or pending appellate review.
The prisoner shall not be admitted to bail pending application for the writ of habeas corpus, or pending appellate review of an order refusing the writ, except by order of the Supreme Court or one of the judges thereof.
Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (2).
21-27-21. Remand to custody or admission to bail pending review of order discharging writ.
Pending appellate review of an order discharging a writ of habeas corpus after it has been issued, the prisoner may be remanded to the custody from which he was taken by the writ, or detained in other appropriate custody, or admitted to bail, as to the court or judge rendering the decision may appear fitting in the circumstances of the particular case.
Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (3).
21-27-22. Bail without surety pending review of order discharging prisoner.
Pending appellate review of an order discharging a prisoner on habeas corpus, he shall be admitted to bail without surety.
Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (4).
21-27-23. Admission to bail by Supreme Court pending review.
Where the writ of habeas corpus is refused, or where the writ is discharged after having been issued, and the prisoner has been denied bail, he may be admitted to bail by the Supreme Court or one of the judges thereof, pending appellate review.
Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (5).
21-27-24. Terms of bond given on admission to bail--Surety.
When the prisoner is admitted to bail, he shall furnish a bond in such sum as the court directs, conditioned that he shall render himself amenable to all orders and process of the court or judge and that he will forthwith comply with any order directing his return to custody. Except as to the bond of a prisoner whose discharge has been ordered, the bond must be with the same surety as required on a bail bond of a defendant in a criminal action.
Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (6).
21-27-25. Order for temporary custody of person not held under judicial process--Security required of person granted custody.
Where a writ of habeas corpus is granted in proceedings involving the custody of a person not held under judicial process, the court shall have discretion to make a proper order concerning the temporary custody of such person pending final determination of the proceeding or pending appeal and may, as a condition of such order, require from the person granted such custody security, through bond or otherwise, for the production of such person at such time and place as the court orders, and for the safety and well-being of such person during such temporary custody.
Source: Supreme Court Rule 622, 1939; SDC 1939 & Supp 1960, § 37.5508.
21-27-26. Order remanding applicant to custody--Conclusive on second application for writ.
When any person shall be remanded in any habeas corpus proceeding, it shall be the duty of the court or judge remanding him to make out and deliver to the sheriff or other person to whose custody he shall be remanded an order in writing stating the cause or causes of remanding him. If such person shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff, or other person to whom the same shall be directed, to return therewith the order aforesaid, and if it shall appear that such person was remanded for any offense adjudged not bailable, it shall be taken and received as conclusive and the applicant shall be remanded without further proceedings.
Source: CCrimP 1877, § 675; CL 1887, § 7843; RCCrimP 1903, § 775; RC 1919, § 4981; SDC 1939 & Supp 1960, § 37.5505.
21-27-27. Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody.
It shall not be lawful for any court or judge, on a second writ of habeas corpus, to discharge any person, if he is clearly and specifically charged in the warrant of commitment with a criminal offense; but the court or judge shall, on the return of such second writ, have power only to admit such person to bail, where the offense is bailable by law, or remand him to prison where the offense is not bailable, or where such person shall fail to give the bail required.
Source: CCrimP 1877, § 676; CL 1887, § 7844; RCCrimP 1903, § 776; RC 1919, § 4982; SDC 1939 & Supp 1960, § 37.5505.
21-27-28. Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.
No person who has been discharged by order of a court or judge upon a writ of habeas corpus shall be again imprisoned, restrained, or kept in custody for the same cause, unless he be afterward prosecuted for the same offense; nor unless by the legal order or process of the court wherein he is bound by recognizance to appear. The following shall not be deemed to be the same cause:
(1) If after a discharge for a defect of proof, or on any material defect in the commitment in a criminal case, such person should be again arrested on sufficient proof, and committed by legal process for the same offense;
(2) If in a civil suit such person has been discharged for any illegality in the judgment or process, and is afterward imprisoned by legal process for the same cause of action;
(3) Generally, whenever the discharge has been ordered on account of the nonobservance of any of the forms required by law, such person may be a second time imprisoned, if the cause be legal, and the forms required by law observed.
Source: CCrimP 1877, § 677; CL 1887, § 7845; RCCrimP 1903, § 777; RC 1919, § 4983; SDC 1939 & Supp 1960, § 37.5506.
21-27-29. Forfeiture for new arrest or detention after discharge on writ--Liability for damages unaffected.
Any person who, knowing that another has been discharged by order of a competent judge or tribunal on a writ of habeas corpus, shall, contrary to the provisions of this chapter, arrest or detain him again for the same cause which was shown on the return of such writ, shall forfeit to the prisoner or person aggrieved five hundred dollars for the first offense and one thousand dollars for every subsequent offense. Recovery of the penalties provided herein shall be no bar to a civil suit for damages.
Source: CCrimP 1877, §§ 685, 688; CL 1887, §§ 7853, 7856; RCCrimP 1903, §§ 785, 788; RC 1919, §§ 4989, 4990; SDC 1939 & Supp 1960, § 37.5507.
