Person and Original Detaining Warrant, Writ, etc., to Be Produced With Return; Exception.

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Section 15-21-18

Person and original detaining warrant, writ, etc., to be produced with return; exception.

At the time of making the return, one must also produce the person on whose behalf the writ of habeas corpus was sued out, according to the command of the writ, and the original warrant, writ or other written authority under which he was detained; but, if from sickness or infirmity the party cannot be produced without danger, that fact must be stated in the return, verified by oath and, if required, established by other sufficient evidence.

(Code 1852, §725; Code 1867, §4276; Code 1876, §4952; Code 1886, §4776; Code 1896, §4829; Code 1907, §7024; Code 1923, §4323; Code 1940, T. 15, §19.)


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