Warrant in lieu of writ

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  • (a) When it appears to the court that anyone is illegally held in custody, confinement or restraint and that there is reason to believe that such person will be carried out of the jurisdiction of the court before whom the application is made, or will suffer some irreparable injury before compliance with the writ of habeas corpus can be enforced, the court may cause a warrant to be issued, reciting the facts, and directed to any officer, commanding such officer to take such person thus held in custody, confinement, or restraint and forthwith bring him before the court to be dealt with according to law.

  • (b) The court may also insert in such warrant a command for the apprehension of the person charged with such illegal detention and restraint.

  • (c) The officer to whom such warrant is delivered must execute it by bringing the person therein named before the court.

  • (d) The person alleged to have such party under illegal confinement or restraint may make return to such warrant, as in case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs, and trial may thereupon be had as upon a return to a writ of habeas corpus.

  • (e) If such party is held under illegal restraint or custody, he must be discharged, and if not, he must be restored to the care or custody of the person entitled thereto.


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