§ 17-41. Authority to issue the writ. - North Carolina Statutes

Article8.

Habeas Corpus AdTestificandum.

§ 17‑41.  Authority toissue the writ.

Every court of record haspower, upon the application of any party to any suit or proceeding, civil orcriminal, pending in such court, to issue a writ of habeas corpus, for thepurpose of bringing before the said court any prisoner who may be detained inany jail or prison within the State, for any cause, except a prisoner undersentence for a capital felony, to be examined as a witness in such suit orproceeding in behalf of the party making the application.

Such writ of habeas corpus maybe issued by any magistrate or clerk of the superior court, upon application asprovided in this section, to bring any person confined in the jail or prison ofthe same county where such magistrate or clerk may reside, to be examined as awitness before such magistrate or clerk.

In cases where the testimonyof any prisoner is needed in a proceeding before a magistrate, or a clerk, andsuch person is confined in a county in which such magistrate or clerk does notreside, application for habeas corpus to testify may be made to any justice orjudge of the General Court of Justice. (1868‑9, c. 116, ss.37, 38; Code, ss. 1663, 1664; Rev., ss. 1855, 1856; C.S., s. 2243; 1969, c. 44,s. 43; 1971, c. 528, s. 3.)