Ex-parte J. C. H.
delivered the opinion of the court.
The petitioner in this case alleges under oath an illegal restraint оf his liberty by the sheriff of Wakulla county. The sheriff in return to the writ of habeas corpus issued, certifies that the petitioner is detained by virtue of a judgment of the Circuit Court, a cеrtified copy of which accompanies his return. Upon this return the petitoner moves his discharge.
Upon an inspection of the judgment, of which a certified copy accompanies the return, it aрpears that the petitioner is held under an order of the Circuit Court for Wakulla county directing the sheriff to detain him in custody until he gives the security which the court is authorized to require of him for the payment of sums of monеy which is has been by the court condemned to pay towards the supрort of a bastard child, under the provisions of the statute regulating the subjеct. (Thomp. Dig., 228, §3.)
No question is here made of the regularity of the proceedings under the bastardy act, so far as they concern the trial оf the issues authorized to be raised under that act; nor is it questioned that thе court is by that act authorized to require the bond. It is thus apparent thаt the general question here is, has the court the right and power -to dirеct the imprisonment in this case until a compliance with its order to execute the bond, which by the law it is authorized to require the party to givе.
Section 15 of the Declaration of Rights provides that “ no person shall be imprisoned for debt except in case of fraud.” This provision of the organic law is, as a matter of course, a limitation upоn the powers of each department of the government, Executive, Legislative and Judicial. It is, however, the clear result of the authоrities that the sums which the petitioner has here been condemned tо pay under the bastardy act, are not debts within the meaning of the provision of the Constitution.
From a grant of judicial power to make the order to do a specific act, results the power to enforce its performance by the usual method. " Quando lex aliquid cоncedit conce-deré videtur et id, per quod devenitur ad illud”
We do not рropose to discuss the question at length. The following authorities sustain the - general principle:
Disability to execute the bond, the insolvency of the party, and other like circumstances, are matters which we cannot take cognizanсe of in this proceeding. . The order is within the power of the Circuit Court, аnd these matters, if their existence justifies any action, about which it is not hеre (in this collateral proceeding) proper for us to say anything, must be addressed to that tribunal.
The prisoner is remanded to the custody of the sheriff of Wakulla county, there to remain until discharged by due course of law.