§ 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 […]
§ 17-27 – Penalty for false return.
17-27. Penalty for false return. If any person shall make a false return to a writ of habeas corpus, he shall be guilty of a Class 1 misdemeanor. (1868-9, c. 116, s. 28; Code, s. 1653; Rev., s. 3582; C.S., s. 2229; 1993, c. 539, s. 307; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 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 […]
§ 17-28 – Penalty for concealing party entitled to writ.
17-28. Penalty for concealing party entitled to writ. If anyone having in his custody, or under his power, any party who, by law, would be entitled to a writ of habeas corpus, or for whose relief such writ shall have been issued, shall, with intent to elude the service of such writ, or to avoid […]
§ 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; […]