11-43-19 - Taking of person in certain cases. - Mississippi Statutes

§ 11-43-19. Taking of person in certain cases.
 

    When it shall be shown to the judge to whom application is made for the writ, that there is reasonable ground to apprehend that the person in whose behalf the writ is applied for will be concealed or removed so as not to be brought up with the writ, it shall be the duty of the judge to order or issue the writ directed to the sheriff or other officer or person designated to execute it, commanding him to take the body of the person to be relieved by the writ, and bring him forthwith before the judge, and to summon the person alleged to have illegally detained him; in which case the form of the writ shall be, in substance, as follows, to wit:
 


    "The State of Mississippi.

    "To the sheriff or any lawful officer of ________ county:

    "We command you to take and have the body of ________ restrained of his liberty, it is said, by ________, before ________, a judge of our ________ court, at ________, forthwith, to do and receive what shall then be considered; and do you summon the said ________ to appear, then and there to show the cause of detaining said ________; and have you then and there this writ, with your proceedings indorsed thereon. Witness my hand," etc.
 

The writ shall be executed according to its tenor and effect, and returned as other writs. 
 

Sources: Codes, 1871, § 1403; 1880, § 2525; 1892, § 2235; 1906, § 2454; Hemingway's 1917, § 2020; 1930, § 1923; 1942, § 2824.