§ 17-7. Contents of application. - North Carolina Statutes

§17‑7.  Contents of application.

The application must state, insubstance, as follows:

(1)        That the party, inwhose behalf the writ is applied for, is imprisoned or restrained of hisliberty, the place where, and the officer or person by whom he is imprisoned orrestrained, naming both parties, if their names are known, or describing themif they are not known.

(2)        The cause orpretense of such imprisonment or restraint, according to the knowledge orbelief of the applicant.

(3)        If the imprisonmentis by virtue of any warrant or other process, a copy thereof shall be annexed,or it shall be made to appear that a copy thereof has been demanded andrefused, or that for some sufficient reason a demand for such copy could not bemade.

(4)        If the imprisonmentor restraint is alleged to be illegal, the application must state in what thealleged illegality consists; and that the legality of the imprisonment orrestraint has not been already adjudged, upon a prior writ of habeas corpus, tothe knowledge or belief of the applicant.

(5)        The facts set forthin the application must be verified by the oath of the applicant, or by that ofsome other credible  witness, which oath may be administered by any personauthorized by law to take affidavits. (1868‑9, c. 116, s. 5;  Code,s. 1627; Rev., s. 1825; C.S., s. 2209.)