§ 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.)
§ 17-42 – Contents of application.
17-42. Contents of application. The application for the writ shall be made by the party to the suit or proceeding in which the writ is required, or by his agent or attorney. It must be verified by the applicant; and shall state- (1) The title and nature of the suit or proceeding in regard to […]
§ 17-43 – Service of writ.
17-43. Service of writ. The writ of habeas corpus to testify shall be served by the same person, and in like manner in all respects, and enforced by the court or officer issuing the same as prescribed in this Chapter for the service and enforcement of the writ of habeas corpus cum causa. (1868-9, c. […]
§ 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, […]