Remand generally

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It shall be the duty of the court or judge forthwith to remand the prisoner if it shall appear that he or she is held in custody, either:

  1. (1) By virtue of any process issued by any court or judge of the United States in a cause where the court or judge has exclusive jurisdiction;

  2. (2) By virtue of the final judgment or decree of any competent court of civil or criminal jurisdiction;

  3. (3) For any contempt especially and plainly charged in the commitment by some court, judge, or body politic having authority by law to commit for contempt so charged; and

  4. (4) Where the time during which the party may be legally detained has not expired.


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