§ 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 […]
§ 17-17 – Liability of judge refusing attachment.
17-17. Liability of judge refusing attachment. If any judge willfully refuses to grant the writ of attachment, as provided for in G.S. 17-16, 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. 2; Code, s. 1638; Rev., s. 1835; C.S., s. 2219.)
§ 17-18 – Attachment against sheriff to be directed to coroner; procedure.
17-18. Attachment against sheriff to be directed to coroner; procedure. If a sheriff has neglected to return the writ agreeably to the command thereof, the attachment against him may be directed to the coroner or to any other person to be designated therein, who shall have power to execute the same, and such sheriff, upon […]
§ 17-19 – Precept to bring up party detained.
17-19. Precept to bring up party detained. The court or judge by whom any such attachment may be issued may also at the same time, or afterwards, direct a precept to any sheriff, coroner, or other person to be designated therein, commanding him to bring forthwith before such court or judge the party, wherever to […]
§ 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.)