§ 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.)
§ 17-5 – By whom application is made.
17-5. By whom application is made. Application for the writ may be made either by the party for whose relief it is intended or by any person in his behalf. (1868-9, c. 116, s. 3; Code, s. 1625; Rev., s. 1823; C.S., s. 2207.)
§ 17-6 – To judge of appellate division or superior court in writing.
17-6. To judge of appellate division or superior court in writing. Application for the writ shall be made in writing, signed by the applicant – (1) To any one of the justices or judges of the appellate division. (2) To any one of the superior court judges, either during a session or in vacation. (1868-9, […]
§ 17-7 – Contents of application.
17-7. Contents of application. The application must state, in substance, as follows: (1) That the party, in whose behalf the writ is applied for, is imprisoned or restrained of his liberty, the place where, and the officer or person by whom he is imprisoned or restrained, naming both parties, if their names are known, or […]
§ 17-8 – Issuance of writ without application.
17-8. Issuance of writ without application. When the appellate division or superior court division, or any judge of either division, has evidence from any judicial proceeding before such court or judge that any person within this State is illegally imprisoned or restrained of his liberty, it is the duty of said court or judge to […]
§ 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 […]
§ 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 […]