[Petitioner to be produced; exception.]

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The person or officer on whom the writ is served shall bring the body of the person in his custody, according to the command of such writ, except in the case of the sickness of such person, as hereinafter provided in this chapter.

History: Laws 1884, ch. 1, § 10; C.L. 1884, § 2021; C.L. 1897, § 2790; Code 1915, § 2598; C.S. 1929, § 63-110; 1941 Comp., § 25-1110; 1953 Comp., § 22-11-10.

ANNOTATIONS

Cross references. — For the procedure when petitioner is sick or infirm, see 44-1-26 NMSA 1978.

Compiler's notes. — The compilers of the 1915 Code substituted "hereinafter provided in this chapter" for "hereinafter provided." The term "this chapter" refers to ch. 51 of the 1915 Code, the provisions of which are presently compiled as 44-1-1 to 44-1-37 NMSA 1978.

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 § 144.

39A C.J.S. Habeas Corpus § 185.


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