- If the time during which such party may be legally detained in custody has not expired, the court shall remand such party if it appears that he is legally detained in custody—
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(1) by virtue of process issued by a court or judge in a case where such court or judge has jurisdiction; or
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(2) by virtue of a warrant or final judgment or decree of any competent court of criminal jurisdiction, or of any process issued upon such warrant, judgment or decree.
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