§ 11-43-29. What the return or answer shall contain

MS Code § 11-43-29 (2019) (N/A)

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The officer or other person upon whom a writ of habeas corpus shall be served shall state in his return or answer:

First.—Whether he have or have not the party in his custody or under his power or restraint.

Second.—If he have the party in his custody or power, or under his restraint, he shall state the authority and cause of imprisonment or restraint, setting forth the same at large.

Third.—If the party be restrained by virtue of any writ, warrant, or other written authority, a copy thereof shall be annexed to the return or answer, and the original shall be produced on the hearing.

Fourth.—If the officer or person upon whom the writ is served shall have had the party in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but such person has escaped, or such officer or person has transferred the custody or restraint to another, the return or answer shall state the facts particularly, and, in case of transfer, set forth the time and place, for what cause, and by what authority the transfer took place.

Fifth.—The return must be signed by the officer or person making it, and, except when a sworn public officer shall make return in his official capacity, it shall be verified by his oath.

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§ 11-43-27. Production of the body

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§ 11-43-31. Penalty for disobedience of the writ