§ 17-41 – Authority to issue the writ.
17-41. Authority to issue the writ. Every court of record has power, upon the application of any party to any suit or proceeding, civil or criminal, pending in such court, to issue a writ of habeas corpus, for the purpose of bringing before the said court any prisoner who may be detained in any jail […]
§ 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. […]
§ 17-13 – When writ returnable.
17-13. When writ returnable. Writs of habeas corpus may be made returnable at a certain time, or forthwith, as the case may require. If the writ be returnable at a certain time, such return shall be made and the party shall be produced at the time and place specified therein. (1868-9, c. 116, s. 31; […]
§ 17-29 – Notice to interested parties.
17-29. Notice to interested parties. When it appears from the return to the writ that the party named therein is in custody on any process, or by reason of any claim of right, under which any other person has an interest in continuing his imprisonment or restraint, no order shall be made for his discharge […]
§ 17-14 – Contents of return; verification.
17-14. Contents of return; verification. The person or officer on whom the writ is served must make a return thereto in writing, and, except where such person is a sworn public officer and makes his return in his official capacity, it must be verified by his oath. The return must state plainly and unequivocally – […]
§ 17-30 – Notice to district attorney.
17-30. Notice to district attorney. When it appears from the return that such party is detained upon any criminal accusation, the court or judge may, if he thinks proper, make no order for the discharge of such party until sufficient notice of the time and place at which the writ has been returned, or is […]
§ 17-15 – Production of body if required.
17-15. Production of body if required. If the writ requires it, the officer or person on whom the same has been served shall also produce the body of the party in his custody or power, according to the command of the writ, except in the case of the sickness of such party, as hereinafter provided. […]
§ 17-31 – Subpoenas to witnesses.
17-31. Subpoenas to witnesses. Any party to a proceeding on a writ of habeas corpus may procure the attendance of witnesses at the hearing, by subpoena, to be issued by the clerk of any superior court, under the same rules, regulations and penalties prescribed by law in other cases. (1868-9, c. 116, s. 34; Code, […]
§ 17-16 – Attachment for failure to obey.
17-16. Attachment for failure to obey. If the person or officer on whom any writ of habeas corpus has been duly served refuses or neglects to obey the same, by producing the body of the party named or described therein, and by making a full and explicit return thereto, within the time required, and no […]