15-21-12
Section 15-21-12 Notice to any other person having interest required. If it appears from the
petition for a writ of habeas corpus or from the documents thereunto annexed that the party
is imprisoned or detained by virtue of any process under which any other person has an interest
in continuing his imprisonment or restraint, the officer issuing the writ must endorse thereon
an order requiring the applicant, or someone else for him, to give notice to such person,
or to his attorney, of the issue of the writ and of the time and place at which it is returnable,
in order that he may, if he thinks proper, appear and object to the discharge of the party
who is imprisoned. If such notice is not given, when the party who is entitled to it is within
50 miles of the place of examination, the party who is imprisoned must not be discharged.
(Code 1852, §718; Code 1867, §4269; Code 1876, §4945; Code 1886, §4769; Code 1896, §4822;
Code 1907, §7017; Code 1923, §4316; Code 1940, T. 15, §12.)...
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15-21-19
Section 15-21-19 Proceedings when person not produced on account of sickness or infirmity.
When the party on whose behalf a writ of habeas corpus is sued out is not produced on account
of sickness or infirmity, the court or judge before whom the writ is returnable may proceed
to decide on the return as if the party had been produced if satisfied of such sickness or
infirmity, may proceed to the place where he is imprisoned or detained and there make the
examination or may adjourn the examination to another time. (Code 1852, §726; Code 1867,
§4277; Code 1876, §4953; Code 1886, §4777; Code 1896, §4830; Code 1907, §7025; Code 1923,
§4324; Code 1940, T. 15, §20.)...
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15-21-21
Section 15-21-21 When party to be discharged or remanded. Upon a hearing on a writ of habeas
corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be
discharged; but, if it appears that he is held or detained in custody by virtue of process
issued by a court or judge of the United States in a case of which such court or judge has
exclusive jurisdiction or by virtue of any legal engagement or enlistment in the army or navy
of the United States or, being subject to the rules and articles of war is confined by anyone
legally acting by authority thereof, or is in custody for any public offense committed in
any other state or territory for which, by the Constitution and laws of the United States,
he should be delivered up to the authority of such state or territory or that he is otherwise
legally detained, he must be remanded. (Code 1852, §730; Code 1867, §4281; Code 1876, §4957;
Code 1886, §4781; Code 1896, §4834; Code 1907, §7029; Code 1923,...
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15-21-23
Section 15-21-23 Judgment, etc., or contempt commitment not to be inquired into. On the return
of a writ of habeas corpus, no court or judge has authority to inquire into the regularity
or justice of any order, judgment, decree or process of any court legally constituted, nor
into the justice or propriety of any commitment for contempt made by a court, officer or body
according to law and charged in such commitment. (Code 1852, §734; Code 1867, §4285; Code
1876, §4961; Code 1886, §4784; Code 1896, §4837; Code 1907, §7032; Code 1923, §4331;
Code 1940, T. 15, §27.)...
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15-21-3
Section 15-21-3 Persons entitled to prosecute writ - Persons confined as insane. Any person
confined as insane may prosecute a writ of habeas corpus as provided in this chapter; and,
if the judge or the jury, when the petitioner demands the issues arising to be tried by a
jury, shall decide at the hearing that the person is insane, such decision does not bar a
second application alleging that such person has been restored to sanity. (Code 1897, §4814;
Code 1907, §7009; Code 1923, §4307; Code 1940, T. 15, §3.)...
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15-21-30
Section 15-21-30 Attachment to compel obedience and punish for contempt. (a) It is the duty
of the officer before whom a writ of habeas corpus is returnable, in case of such refusal
or neglect on the part of the person to whom it is directed, to proceed forthwith against
him by process of attachment, as for contempt, to compel obedience to the writ and to punish
him for such contempt. (b) When such attachment is issued against the sheriff or his deputy,
it may be directed to the coroner or to any constable and may be executed by such coroner
or constable. (Code 1852, §741; Code 1867, §4292; Code 1876, §4968; Code 1886, §4791;
Code 1896, §4844; Code 1907, §7039; Code 1923, §4338; Code 1940, T. 15, §34.)...
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15-21-7
Section 15-21-7 When petition may be addressed to another judge; justifying proof required;
ouster of jurisdiction of nearest judge. (a) When the petition for a writ of habeas corpus
is required to be addressed to the nearest circuit court judge and such judge is absent, is
incapable of acting, has refused to grant the writ, has refused to grant the writ returnable
within five days or has granted the writ returnable in five days but has failed or refused
to rule therein within five days from the return date, it may be addressed to any other circuit
court judge. In such case, before the writ is granted, proof must be made, either by the oath
of the applicant or other sufficient evidence, of the particular facts which justify such
address. (b) The jurisdiction of the nearest circuit court judge shall be ousted when the
petition is filed with any other circuit court judge. (Code 1852, §714; Code 1867, §4265;
Code 1876, §4941; Code 1886, §4765; Code 1896, §4818; Code 1907, §7013;...
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15-21-15
Section 15-21-15 Subpoenas for witnesses. (a) On the application of either party, subpoenas
for witnesses must be issued at any time before the hearing on a writ of habeas corpus by
the clerk of the circuit court of the county to which the writ is returnable. (b) Such subpoenas
must be directed to the sheriff or any constable of the county in which the witness resides
and must be executed and returned as in other cases. (Code 1852, §721; Code 1867, §4272;
Code 1876, §4948; Code 1886, §4772; Code 1896, §4823; Code 1907, §4319; Code 1923, §4319;
Code 1940, T. 15, §15.)...
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15-21-20
Section 15-21-20 Contesting of return; examination into imprisonment or detention; disposition
of detainee on adjournment of examination; forfeiture of bail. (a) The party on whose behalf
a writ of habeas corpus is sued out may deny any of the facts stated in the return and allege
any other facts which may be material in the case. (b) In a summary way, the court or judge
may examine into the cause of the imprisonment or detention, may hear the evidence adduced
and may adjourn the examination from time to time as the circumstances of the case may require
and, in the meantime, remand the party or commit him to the custody of the sheriff of the
county or place him under such other custody as his age or other circumstances may require,
or, if the character of the charge authorizes it, take bail from him in a sufficient amount
for his appearance from day to day until judgment is given. (c) If the party fails to appear,
as required by his undertaking, an entry of forfeiture must be endorsed...
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15-21-31
Section 15-21-31 Penalty for transferring custody, etc., so as to elude service or effect of
writ. Any person who has in his custody or under his control a person who is entitled to a
writ of habeas corpus and, either before or after the issue of such writ with intent to elude
the service or effect thereof, transfers such person to the custody of another, places him
under the control of another, conceals him or changes his place of confinement forfeits to
the party aggrieved the sum of $500.00 and is also guilty of a misdemeanor and, on conviction
thereof, shall be fined not less than $50.00 and may also be imprisoned in the county jail
not more than 12 months. (Code 1852, §742; Code 1867, §4293; Code 1876, §4969; Code 1886,
§4792; Code 1896, §4845; Code 1907, §7040; Code 1923, §4339; Code 1940, T. 15, §35.)...

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