The person upon whom such writ is duly served shall state in his return plainly and unequivocally:

A. whether he has or has not the party in his custody, or control, or under his restraint, and, if he has not, whether he has had the party in his custody, or under his control or restraint, at any and what time prior or subsequent to the date of the writ;

B. if he has the party in his custody or control, or under his restraint, the authority and true cause of such imprisonment or restraint, setting forth the same at large;

C. if the party is detained by virtue of any writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited on the return of the writ to the officer before whom the same is returnable;

D. if the person upon whom such writ is served has had the party in his control or custody, or under his restraint, at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause and by what authority such transfer took place. The return shall be signed by the person making the same, and except where such person is a sworn public officer and makes his return in his official capacity, it shall be verified by oath.

History: Laws 1884, ch. 1, § 9; C.L. 1884, § 2020; C.L. 1897, § 2789; Code 1915, § 2597; C.S. 1929, § 63-109; 1941 Comp., § 25-1109; 1953 Comp., § 22-11-9.

When petitioner not restrained no release order may be made. — Where on habeas corpus there is nothing to contradict the return of the sheriff, showing that at the date of the petition the petitioner was not restrained of his liberty, an order releasing him from unlawful imprisonment may not be made. In re Brydon, 1889-NMSC-018, 9 N.M. 647, 43 P. 691.

Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 135 to 140.

39A C.J.S. Habeas Corpus §§ 180 to 183.