If the person in whose name the application is made can be found, and no one appears to have the charge or custody of the plaintiff, the person having the writ may take the plaintiff into custody, and make return accordingly, and, to get possession of the plaintiff's person in such case, the person possesses the same power as is given by §29-21-113 for the arrest of the defendant.
Code 1858, § 3736; Shan., § 5516; Code 1932, § 9686; T.C.A. (orig. ed.), § 23-1818.
Collateral References. 39, 39A C.J.S. Habeas Corpus §§ 136, 179, 187.