Every writ of habeas corpus issued pursuant to this chapter may be served by delivering the same to the person to whom it is directed. If he cannot be found, it may be served by being left at the jail or other place in which the prisoner is confined, with any under officer or other person of proper age having charge for the time of such prisoner.
History: Laws 1884, ch. 1, § 32; C.L. 1884, § 2043; C.L. 1897, § 2813; Code 1915, § 2621; C.S. 1929, § 63-133; 1941 Comp., § 25-1133; 1953 Comp., § 22-11-33.
Meaning of "this chapter". — The term "this chapter" appeared in the original act, which was divided into three unnumbered divisions, to-wit: habeas corpus, §§ 1 to 36; mandamus, §§ 37 to 50; prohibition, §§ 51 to 56; and apparently referred to §§ 1 to 36, the operative provisions of which are compiled as 44-1-1 to 44-1-22, 44-1-25 to 44-1-37 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Habeas Corpus § 177.
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