§ 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 […]
§ 1324. Time of issue and service of writ or process
Any writ or process authorized by this chapter may be issued and served on any day or at any time.
§ 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 […]
§ 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 […]
§ 1313. Remand of party
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— (1) by virtue of process issued by a court or judge in a case where such court or judge has jurisdiction; or (2) […]
§ 1314. Grounds for discharge of prisoner
If it appears on the return of the writ that the prisoner is in custody by virtue of process from any court or judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restriction of section 1313 of this title: (1) When the jurisdiction of such court […]