US Lawyer Database

§ 1323. Warrant in lieu of writ

(a) When it appears to the court that anyone is illegally held in custody, confinement or restraint and that there is reason to believe that such person will be carried out of the jurisdiction of the court before whom the application is made, or will suffer some irreparable injury before compliance with the writ of […]

§ 1325. Form, issue, service, and return of writs, etc.

(a) All writs, warrants, process, and subpoenas authorized by the provisions of this chapter shall be issued by the clerk of the court, and except subpoenas, shall be sealed with the seal of such court, and served and returned forthwith, unless the court specifies a particular time for any such return. (b) All such writs […]

§ 1391. Jurisdiction of courts

(a) The district court and Superior Court shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, corporation, association, or society having in his or its custody or possession any money or property in an amount of a value within the respective jurisdictions of […]

§ 1318. Remand to custody

If a party brought before the court on the return of the writ is not entitled to his discharge, and is not bailed where such bail is allowable, the court shall remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he […]

§ 1319. Recommitment to proper custody

In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the court may order such party to be committed to the restraint or custody of such person as is by law entitled thereto.

§ 1320. Custody pending judgment

Until judgment is given on the return, the court before whom any party may be brought on such writ may commit him to the custody of the Commissioner of Public Safety, or place him in such care or under such custody as his age or circumstances may require.

§ 1321. Defects in form of writ

No writ of habeas corpus shall be disobeyed for defect in form, if it sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the court before whom he is to be brought.

§ 1322. Imprisonment for same cause after discharge

No person who has been discharged by order of the court upon habeas corpus shall be again imprisoned or restrained, or kept in custody for the same cause, except in the following cases: (1) If he has been discharged from custody on a criminal charge, and is afterwards committed for the same offense, by legal […]