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.