§ 17-16. Attachment for failure to obey. - North Carolina Statutes

Article5.

Enforcement of Writ.

§ 17‑16.  Attachment forfailure to obey.

If the person or officer onwhom any writ of habeas corpus has been duly served refuses or neglects to obeythe same, by producing the body of the party named or described therein, and bymaking a full and explicit return thereto, within the time required, and nosufficient excuse is shown for such refusal or neglect, it is the duty of thecourt or judge before whom the writ has been made returnable, upon due proof ofthe service thereof, forthwith to issue an attachment against such person orofficer, directed to the sheriff of any county within this State, andcommanding him forthwith to apprehend such person or officer and bring himimmediately before such court or judge. On being so brought such person orofficer shall be committed to close custody in the jail of the county wheresuch court or judge may be, without being allowed the liberties thereof, untilsuch person or officer make return to such writ and comply with any order thatmay be made by such court or judge in relation to the party for whose reliefthe writ has been issued. (1868‑9, c. 116, s. 15; Code, s. 1637; Rev., s.1834; C.S., s. 2218.)