Signature and direction of writ--Endorsement by Habeas Corpus Act.

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21-27-8. Signature and direction of writ--Endorsement by Habeas Corpus Act.

The writ of habeas corpus, if issued by the court, shall be under the seal of the court, or if by a judge, under his hand; and shall be directed to the person in whose custody the applicant is detained. To the end that no officer, sheriff, jailer, keeper, or other person to whom such writ is directed may pretend ignorance thereof, every such writ shall be endorsed with these words, By the Habeas Corpus Act.

Source: CCrimP 1877, §671; CL 1887, §7839; RCCrimP 1903, §771; RC 1919, §4978; SDC 1939 & Supp 1960, §37.5501; SL 1983, ch 169, §6.


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