§ 173. No discharge for defects of form. If any person so committed,\nshall bring a writ of habeas corpus, he shall not be discharged by\nreason of any insufficiency in the form of the warrant of commitment;\nbut the court before whom such person shall be brought, shall re-commit\nsuch person, unless it shall be made to appear that he has answered all\nlawful questions put to him, or had sufficient reason for refusing to\nsign the examination, as the case may be; or unless such person shall\nthen answer, on oath, the questions so put to him.\n
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