§ 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 […]
§ 17-20 – Liability of judge refusing precept.
17-20. Liability of judge refusing precept. If any judge refuses to grant the precept provided for in G.S. 17-19, he shall be liable to impeachment, and moreover shall forfeit to the party aggrieved twenty-five hundred dollars ($2,500). (1870-1, c. 221, s. 3; Code, s. 1641; Rev., s. 1838; C.S., s. 2222.)
§ 17-21 – Liability of judge conniving at insufficient return.
17-21. Liability of judge conniving at insufficient return. If any judge grants the attachment, or the precept, and gives the officer or other person charged with the execution of the same verbal or written instructions not to execute the same, or to make any evasive or insufficient return, or any return other than that provided […]
§ 17-22 – Power of county to aid service.
17-22. Power of county to aid service. In the execution of any such attachment, precept or writ, the sheriff, coroner, or other person to whom it may be directed, may call to his aid the power of the county, as in other cases. (1868-9, c. 116, s. 18; Code, s. 1643; Rev., s. 1840; C.S., […]
§ 17-23 – Obedience to order of discharge compelled.
17-23. Obedience to order of discharge compelled. Obedience to a judgment or order for the discharge of a prisoner or person restrained of his liberty, pursuant to the provisions of this Chapter, may be enforced by the court or judge by attachment in the same manner and with the same effect as for a neglect […]
§ 17-24 – No civil liability for obedience.
17-24. No civil liability for obedience. No officer or other person shall be liable to any civil action for obeying a judgment or order of discharge upon writ of habeas corpus. (1868-9, c. 116, s. 25; Code, s. 1650; Rev., s. 1842; C.S., s. 2226.)
§ 17-25 – Recommittal after discharge; penalty.
17-25. Recommittal after discharge; penalty. If any person shall knowingly again imprison or detain one who has been set at large upon any writ of habeas corpus, for the same cause, other than by the legal process or order of the court wherein he is bound by recognizance to appear, or of any other court […]
§ 17-26 – Disobedience to writ or refusing copy of process; penalty.
17-26. Disobedience to writ or refusing copy of process; penalty. If any person to whom a writ of habeas corpus is directed shall neglect or refuse to make due return thereto, or to bring the body of the party detained according to the command of the writ without delay, or shall not, within six hours […]