32-22-43. Writ may issue for witness or for surrender of principal in discharge of bail -
228 words·~1 min read·
/nd/title-32/chapter-32-22-habeas-corpus/32-22-43·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Liability of jailer - Costs.
The supreme court or any district court within this state, or any judge of any such court, may issue a writ of habeas corpus to bring the body of any person confined in any jail in the state before such court or judge to testify or to be surrendered in discharge of bail. Where a writ is issued for any such purpose and the witness or principal sought is confined in any jail in a county other than the county in which such person is to be surrendered, or to which such person is to be removed, and where such writ is executed and returned by an officer to whom it is directed, the jailer from whose custody such person is taken shall be exonerated from liability for an escape if:
1. The court or judge issuing the writ shall make an order directing the return of such
person to the custody of such jailer.
2. An attested copy of such order is delivered to the said jailer.
3. The officer to whom the writ was directed shall return such person pursuant to the said
order after the execution of the writ.
The party praying out such writ of habeas corpus shall pay to the officer executing the same such reasonable sum for the officer's services as shall be adjudged by the court.