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§ 17-10 – Penalty for refusal to grant.

17-10. Penalty for refusal to grant. If any judge authorized by this Chapter to grant writs of habeas corpus refuses to grant such writ when legally applied for, every such judge shall forfeit to the party aggrieved two thousand five hundred dollars ($2,500). (1868-9, c. 116, s. 9; Code, s. 1631; Rev., s. 1828; C.S., […]

§ 17-11 – Sufficiency of writ; defects of form immaterial.

17-11. Sufficiency of writ; defects of form immaterial. No writ of habeas corpus shall be disobeyed on account of any defect of form. It shall be sufficient – (1) If the person having the custody of the party imprisoned or restrained be designated either by his name of office, if he have any, or by […]

§ 17-12 – Service of writ.

17-12. Service of writ. The writ of habeas corpus may be served by any qualified elector of this State thereto authorized by the court or judge allowing the same. It may be served by delivering the writ, or a copy thereof, to the person to whom it is directed; or, if such person cannot be […]

§ 17-9 – Writ granted without delay.

17-9. Writ granted without delay. Any court or judge empowered to grant the writ, to whom such applications may be presented, shall grant the writ without delay, unless it appear from the application itself or from the documents annexed that the person applying or for whose benefit it is intended is, by this Chapter, prohibited […]