When it shall be shown to the judge to whom application is made for the writ, that there is reasonable ground to apprehend that the person in whose behalf the writ is applied for will be concealed or removed so as not to be brought up with the writ, it shall be the duty of the judge to order or issue the writ directed to the sheriff or other officer or person designated to execute it, commanding him to take the body of the person to be relieved by the writ, and bring him forthwith before the judge, and to summon the person alleged to have illegally detained him; in which case the form of the writ shall be, in substance, as follows, to wit:
"The State of Mississippi. "To the sheriff or any lawful officer of county: "We command you to take and have the body of restrained of his liberty, it is said, by , before , a judge of our court, at , forthwith, to do and receive what shall then be considered; and do you summon the said to appear, then and there to show the cause of detaining said ; and have you then and there this writ, with your proceedings indorsed thereon. Witness my hand," etc.
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The writ shall be executed according to its tenor and effect, and returned as other writs.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
§ 11-43-1. To what cases the writ extends
§ 11-43-5. Relator not discharged on account of defective proceedings
§ 11-43-11. Refusal to grant writ
§ 11-43-13. Bail by the way may be required
§ 11-43-15. Writ issued by judge or clerk
§ 11-43-17. Form and service of writ
§ 11-43-19. Taking of person in certain cases
§ 11-43-21. May be served on Sunday
§ 11-43-23. Where and when returnable
§ 11-43-25. When person detaining another guilty of crime
§ 11-43-27. Production of the body
§ 11-43-29. What the return or answer shall contain
§ 11-43-31. Penalty for disobedience of the writ
§ 11-43-37. Return not conclusive
§ 11-43-39. Witnesses subpoenaed-affidavits of
§ 11-43-41. Record of proceedings
§ 11-43-43. Conclusiveness of judgment
§ 11-43-45. Sheriff to attend trial
§ 11-43-47. Costs in certain cases, and security for
§ 11-43-49. Defaulting witness dealt with
§ 11-43-51. Liabilities and rights of witnesses
§ 11-43-53. Appeal in habeas corpus
§ 11-43-55. Procedure on appeal from judgment on habeas corpus