Sec. 4331.
(1) If the person upon whom the writ of habeas corpus was duly served refuses or neglects to obey the writ without sufficient excuse, the court or judge before whom the writ was to be answered, upon due proof of the service thereof, shall direct the arrest of such person.
(2) The sheriff of any county within this state, or other officer, who is directed to make the arrest, shall apprehend such person, and bring him before the court or judge. The person shall be committed to close custody in the jail of the county in which the court or judge is, without being allowed the liberties thereof, until the person complies with the writ.
(3) If the person ordered arrested is the sheriff of any county, the order may be directed to any coroner or other person, to be designated therein, who has thereby full power to arrest the sheriff. Such sheriff upon being brought up may be committed to the jail of any county other than his own.
(4) The person directed to make the arrest shall also bring the prisoner named in the writ of habeas corpus before the court or judge which issued the writ.
(5) In making the arrest the sheriff or other person so directed may call to his aid the power of the county as in other cases.
History: 1961, Act 236, Eff. Jan. 1, 1963
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387)
Section 600.4301 - Habeas Corpus; Provisions of Chapter; Applicability.
Section 600.4304 - Habeas Corpus; Power to Issue Writ.
Section 600.4307 - Habeas Corpus; Right to Bring Action.
Section 600.4310 - Habeas Corpus; Persons Not Entitled to Writ.
Section 600.4313 - Habeas Corpus; Refusal to Consider; Malfeasance of Judge.
Section 600.4316 - Habeas Corpus; Granting of Writ.
Section 600.4319 - Habeas Corpus; Custody of Child.
Section 600.4322 - Habeas Corpus; “Prisoner” Defined.
Section 600.4325 - Habeas Corpus; Person Served; Duty to Bring Body of Prisoner.
Section 600.4328 - Habeas Corpus; Sickness or Infirmity of Prisoner.
Section 600.4334 - Arrest in Support of Writ.
Section 600.4337 - Warrant for Prisoner in Lieu of Habeas Corpus; Issuance.
Section 600.4340 - Arrest of Person Having Custody of Prisoner; Warrant.
Section 600.4343 - Arrest of Person Having Custody of Prisoner; Execution of Warrant.
Section 600.4346 - Arrest of Person Having Custody of Prisoner; Procedure.
Section 600.4349 - Custody of Prisoner.
Section 600.4355 - Remanding of Prisoner.
Section 600.4358 - Discharge of Prisoner in Civil Cases.
Section 600.4361 - Remanding or Commitment of Prisoner.
Section 600.4364 - Recommitment of Prisoner; Causes.
Section 600.4367 - Recommitment of Prisoner; Violation of Section; Penalty.
Section 600.4370 - Concealment of Prisoner; Misdemeanor.
Section 600.4373 - Concealment of Prisoner; Aiding; Misdemeanor.
Section 600.4376 - Concealment of Prisoner; Misdemeanor; Penalty.
Section 600.4385 - Habeas Corpus for Witness; Issuance; Transfer of Prisoner.
Section 600.4387 - Habeas Corpus; Liability of Officer for Disobedience to Writ.