(a) If any officer or person to whom the writ of habeas corpus is directed, or any deputy of such officer, or agent of such person, neglects to return the writ and produce the body as required by § 6907 of this title, it shall be a contempt of the court under whose seal the writ issued and a forfeiture of office. Such officer, person, deputy, or agent shall forfeit and pay to the prisoner $500.
(b) Where the writ of habeas corpus is made returnable before the Superior Court, such contempt shall be punishable by the Court by both fine and imprisonment, or either, in its discretion; and the Court may, by attachment for contempt, compel the production before it, of the body of the person imprisoned or restrained of liberty.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
§ 6901. Jurisdiction to grant writs.
§ 6902. Persons entitled to writs; exceptions.
§ 6903. Person committed for contempt; notice of hearing.
§ 6904. Custody of minor child.
§ 6906. Award and service of writ.
§ 6907. Method of service; return.
§ 6909. Discharge generally; defects in commitment.
§ 6912. Reduction of excessive bail.
§ 6914. Delivering copy of warrant or process; penalty.
§ 6915. Returning writ and producing body; violations and penalties; compelling production.
§ 6916. Evasion of writ; penalty.
§ 6917. Rearrest of discharged person for same offense; exceptions.