§ 17-44 – Applicant to pay expenses and give bond to return.
17-44. Applicant to pay expenses and give bond to return. The service of the writ shall not be complete, however, unless the applicant for the same tenders to the person in whose custody the prisoner may be, if such person is a sheriff, coroner, or marshal, the fees and expenses allowed by law for bringing […]
§ 17-45 – Duty of officer to whom writ delivered or on whom served.
17-45. Duty of officer to whom writ delivered or on whom served. It is the duty of the officer to whom the writ is delivered or upon whom it is served, whether such writ is directed to him or not, upon payment or tender of the charges allowed by law, and the delivery or tender […]
§ 17-46 – Prisoner to be remanded.
17-46. Prisoner to be remanded. After having testified, the prisoner shall be remanded to the prison from which he was taken. (1868-9, c. 116, s. 43; Code, s. 1669; Rev., s. 1861; C.S., s. 2248.)
§ 17-32 – Proceedings on return; facts examined; summary hearing of issues.
17-32. Proceedings on return; facts examined; summary hearing of issues. The court or judge before whom the party is brought on a writ of habeas corpus shall, immediately after the return thereof, examine into the facts contained in such return, and into the cause of the confinement or restraint of such party, whether the same […]
§ 17-33 – When party discharged.
17-33. When party discharged. If no legal cause is shown for such imprisonment or restraint, or for the continuance thereof, the court or judge shall discharge the party from the custody or restraint under which he is held. But if it appears on the return to the writ that the party is in custody by […]
§ 17-34 – When party remanded.
17-34. When party remanded. It is the duty of the court or judge forthwith to remand the party, if it appears that he is detained in custody, either – (1) By virtue of process issued by any court or judge of the United States, in a case where such court or judge has exclusive jurisdiction. […]
§ 17-35 – When the party bailed or remanded.
17-35. When the party bailed or remanded. If it appears that the party has been legally committed for any criminal offense, or if it appears by the testimony offered with the return of the writ, or upon the hearing thereof, that the party is guilty of such an offense, although the commitment is irregular, the […]
§ 17-36 – Party held in execution not to be discharged.
17-36. Party held in execution not to be discharged. When a writ of habeas corpus cum causa issues and the sheriff or other officer to whom it is directed returns upon the same that the prisoner is condemned, by judgment given against him, and held in custody by virtue of an execution issued against him, […]
§ 17-37 – When party ill, cause determined in his absence.
17-37. When party ill, cause determined in his absence. When, from the illness or infirmity of the person directed to be produced by a writ of habeas corpus, such person cannot, without danger, be brought before the court or judge where the writ is made returnable, the party in whose custody he is may state […]
§ 17-38 – No second committal after discharge; penalty.
17-38. No second committal after discharge; penalty. No person who has been set at large upon any writ of habeas corpus shall be again imprisoned or detained for the same cause by any person whatsoever other than by the legal order or process of the court wherein he shall be bound by recognizance to appear […]