reglab/housing_qa huggingface dataset:
NM Stat § 44-1-16 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-16 - [When petitioner will be remanded to custody.]

The officer shall forthwith remand such party, if it appears that he is detained in custody, either: A. by virtue of process issued by any court or judge of the United States in a case where such court or judge has exclusive jurisdiction; or B. by virtue of the final judgment or decree of any competent court, or of any execution issued upon such judgment or decree; or C. for any contempt, specially and plainly charged in the commitment by some court, officer or body having authority to commit for the contempt so charged; and D. that the time during which such party may be legally detained has not expired. History: Laws 1884, ch. 1, § 16; C.L. 1884, § 2027; C.L. 1897, § 2796; Code 1915, § 2604; C.S. 1929, § 63-116; 1941 Comp., § 25-1116; 1953 Comp., § 22-11-16. ANNOTATIONSDecision not by "competent" court when constitutional guarantees denied. — For a court to be competent, jurisdiction must be present, and that jurisdiction clearly may be lost. When certain constitutional guarantees are denied, overlooked or omitted, the conviction or sentence is not by a "competent" court. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668. Petitioner remanded if facts constituting contempt appear on petition's face. — If the facts required in the third subdivision (Subsection C) appear on the face of the petition, the motion to dismiss and remand should be allowed. In re Sloan, 1891-NMSC-011, 5 N.M. 590, 25 P. 930. Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 157. 39A C.J.S. Habeas Corpus § 221.
NM Stat § 44-1-17 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-17 - [Causes for discharge of petitioner in custody under civil process.]

If it appears on the return that the prisoner is in custody by virtue of civil process of any court legally constituted, or issued by an officer in the course of judicial proceedings before him, authorized by law, such prisoner can only be discharged in one of the following cases: A. when the jurisdiction of such court or officer has been exceeded either as to matter, place, sum or person; B. where, though the original imprisonment was lawful, yet by some act, omission or event which has taken place afterward, the party is entitled to be discharged; C. where the process is defective in some matter of substance required by law rendering such process void; D. where the process, though in proper form, has been issued in a case not allowed by law; E. where the person having the custody of the prisoner under such process is not the person empowered by law to detain him; or F. where the process is not authorized by any judgment, order or decree of any court, nor by any provision of law. History: Laws 1884, ch. 1, § 17; C.L. 1884, § 2028; C.L. 1897, § 2797; Code 1915, § 2605; C.S. 1929, § 63-117; 1941 Comp., § 25-1117; 1953 Comp., § 22-11-17. ANNOTATIONSNo constitutional right invaded if trial's total result was fair. — In determining whether the deprivation of constitutional rights amounts to a denial of due process the inquiry on habeas corpus is directed to a review of the entire proceedings, and if the total result was the granting to accused of a fair and deliberate trial, then no constitutional right has been invaded, and the proceedings will not be disturbed. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668. In habeas corpus proceeding supreme court may receive evidence outside record to establish the absence or loss of jurisdiction through denial of any of the rights guaranteed to a prisoner at the bar by either the United States or New Mexico constitutions. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 90. Habeas corpus to test constitutionality of ordinance under which petitioner is held, 32 A.L.R. 1054. Habeas corpus in case of sentence which is excessive because imposing both fine and imprisonment, 49 A.L.R. 494. Power to grant writ of habeas corpus pending appeal from conviction, 52 A.L.R. 876. Habeas corpus as remedy for delay in bringing accused to trial or to retrial after reversal, 58 A.L.R. 1510. Illegal or erroneous sentence as ground for habeas corpus, 76 A.L.R. 468. Habeas corpus as remedy where one is convicted, upon plea of guilty or after trial, of offense other than one charged in indictment or information, 154 A.L.R. 1135. Mistreatment of prisoner lawfully in custody as ground for habeas corpus, 155 A.L.R. 145. 39 C.J.S. Habeas Corpus § 110.
NM Stat § 44-1-18 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-18 - [Legality or justice of judgment or execution.]

But no officer on the return of any habeas corpus can inquire into the legality or justice of any judgment, decree or execution specified in Section 44-1-16 NMSA 1978. History: Laws 1884, ch. 1, § 18; C.L. 1884, § 2029; C.L. 1897, § 2798; Code 1915, § 2606; C.S. 1929, § 63-118; 1941 Comp., § 25-1118; 1953 Comp., § 22-11-18. ANNOTATIONSLegality of imprisonment does not rest upon mittimus, but upon judgment, and a prisoner who has been legally and properly sentenced to prison cannot obtain his discharge simply because there is an imperfection, or error, in the mittimus. Shankle v. Woodruff, 1958-NMSC-054, 64 N.M. 88, 324 P.2d 1017. Valid judgment is not nullified by flaws in the commitment. Shankle v. Woodruff, 1958-NMSC-054, 64 N.M. 88, 324 P.2d 1017. Objections to information not grounds for release. — Petitioner's objections to an information, if valid and the error reserved, might make the basis of a timely appeal but are not grounds for release on habeas corpus. Shankle v. Woodruff, 1958-NMSC-054, 64 N.M. 88, 324 P.2d 1017. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 64. 39 C.J.S. Habeas Corpus § 81.
NM Stat § 44-1-19 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-19 - [Petitioner legally committed or guilty of offense; release on bail.]

If it appears that the party has been legally committed for any criminal offense, or if he appears, by the testimony offered with the return upon the hearing thereof, to be guilty of such an offense, although the commitment is irregular, the officer before whom such party is brought shall proceed to let such party to bail, if the case be bailable and good bail is offered, or if not, shall forthwith remand such party. History: Laws 1884, ch. 1, § 19; C.L. 1884, § 2030; C.L. 1897, § 2799; Code 1915, § 2607; C.S. 1929, § 63-119; 1941 Comp., § 25-1119; 1953 Comp., § 22-11-19. ANNOTATIONSCross references. — For habeas corpus proceedings to obtain release on bail, see 44-1-23, 44-1-24 NMSA 1978. Petitioner remanded for new sentence where illegality is void sentence. — Where illegality of restraint complained of in habeas corpus is imposition of void sentence on legal conviction, petitioner should be remanded or detained for new sentence. Jordan v. Swope, 1932-NMSC-015, 36 N.M. 84, 8 P.2d 788. This section does not require granting of bail in every case. 1974 Op. Att'y Gen. No. 74-38. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 64. 39 C.J.S. Habeas Corpus § 36.
NM Stat § 44-1-20 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-20 - [Decision in other cases.]

In other cases the party shall be placed in custody of the person legally entitled thereto, or if no one is so entitled, he shall be discharged. History: Laws 1884, ch. 1, § 20; C.L. 1884, § 2031; C.L. 1897, § 2800; Code 1915, § 2608; C.S. 1929, § 63-120; 1941 Comp., § 25-1120; 1953 Comp., § 22-11-20. ANNOTATIONSPetitioner remanded for new sentence where illegality is void sentence. — Where illegality of restraint complained of in habeas corpus is imposition of void sentence on legal conviction, petitioner should be remanded or detained for new sentence. Jordan v. Swope, 1932-NMSC-015, 36 N.M. 84, 8 P.2d 788.
NM Stat § 44-1-21 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-21 - [Custody of petitioner pending decision.]

Until judgment is given upon the action, the officer before whom such party is brought may either commit such party to the custody of the sheriff of the county in which such officer is, or place him in such care or under such custody as his age and other circumstances require. History: Laws 1884, ch. 1, § 21; C.L. 1884, § 2032; C.L. 1897, § 2801; Code 1915, § 2609; C.S. 1929, § 63-121; 1941 Comp., § 25-1121; 1953 Comp., § 22-11-21. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 145. 39A C.J.S. Habeas Corpus § 185.
NM Stat § 44-1-22 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-22 - [Notice of hearing.]

In criminal cases, notice of the time and place at which the writ is made returnable shall be given to the district attorney, if he is within the county; in other cases like notice shall be given to any person interested in continuing the custody or restraint of the party seeking the aid of said writ. History: Laws 1884, ch. 1, § 22; C.L. 1884, § 2033; C.L. 1897, § 2802; Code 1915, § 2610; C.S. 1929, § 63-122; 1941 Comp., § 25-1122; 1953 Comp., § 22-11-22. ANNOTATIONSLaw reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Habeas Corpus § 166.
NM Stat § 44-1-23 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-23 - [Bail proceedings; authorization of habeas corpus; committing magistrate's proceedings to be reviewed.]

Hereafter all persons to whom bail has been denied or who are confined for failure to give bail, may have the benefit of a writ of habeas corpus for the purpose of being admitted to bail or having the bail reduced, and the court or judge shall, upon habeas corpus, review the proceedings or action of a committing magistrate. History: Laws 1889, ch. 29, § 1; C.L. 1897, § 2803; Code 1915, § 2611; C.S. 1929, § 63-123; 1941 Comp., § 25-1123; 1953 Comp., § 22-11-23. ANNOTATIONSCross references. — For release on bail, see 44-1-19 NMSA 1978. For bail generally, see Rule 5-401 NMRA. Compiler's notes. — This section, as enacted, contained at the beginning a clause repealing 2034, 1884 C.L. The clause was omitted by the compilers of the 1915 Code. Former statute prevented bail in capital case where proof evident. — Supreme court did not find it necessary to determine whether the constitution prohibited bail to persons coming within the exception set forth in N.M. Const., art. II, § 13, concerning persons accused of capital offenses, when proof is evident or presumption great, because 41-4-5, 1953 Comp. (since repealed) expressly prohibited the granting of bail to such defendants. Therefore, magistrate had no discretion to allow bail, since his determination was that, as to the defendants, the proof was evident or the presumption great. Tijerina v. Baker, 1968-NMSC-009, 78 N.M. 770, 438 P.2d 514. Bail not mandatory after issuance of warrant in extradition case. — This section does not require the granting of bail in every case nor does it require bail after issuance of a governor's warrant in an extradition case. 1974 Op. Att'y Gen. No. 74-38. Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 40 to 43. Bail pending appeal in habeas corpus, 63 A.L.R. 1460, 143 A.L.R. 1354. 39 C.J.S. Habeas Corpus § 111.
NM Stat § 44-1-24 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-24 - [Certiorari to committing magistrate; transcript; examination of case de novo; decision.]

When an application is made before any authority authorized by law to issue such writs of habeas corpus it shall be the duty of such officers to issue a writ of certiorari commanding the committing magistrate forthwith to send to said officers a full and complete transcript of all his proceedings had thereof, and the said officer upon the return of such writ shall proceed to examine the case de novo and either commit to jail, discharge or recognize such person to appear before the district court as the case may require. History: Laws 1889, ch. 29, § 2; C.L. 1897, § 2804; Code 1915, § 2612; C.S. 1929, § 63-124; 1941 Comp., § 25-1124; 1953 Comp., § 22-11-24.
NM Stat § 44-1-25 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-25 - [Pleading by petitioner after return; summary hearing.]

The party brought before any such officer on the return of any writ of habeas corpus, may deny any of the material facts set forth in the return, or allege any fact to show, either that his imprisonment or detention is unlawful, or that he is entitled to his discharge, which allegations or denials shall be on oath; and thereupon such officer shall proceed in a summary way to hear such allegations and proofs as are legally produced in support of such imprisonment or detention or against the same, and to dispose of such party as justice requires. History: Laws 1884, ch. 1, § 24; C.L. 1884, § 2035; C.L. 1897, § 2805; Code 1915, § 2613; C.S. 1929, § 63-125; 1941 Comp., § 25-1125, 1953 Comp., § 22-11-25. ANNOTATIONSPetitioner may allege and show void character of conviction. — When a return to writ asserts that petitioner is held under a commitment issued pursuant to a judgment of a district court, the petitioner may deny the facts alleged in the return, and himself allege and show facts to establish the void character of his conviction and illegality of his detention. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668. In habeas corpus proceeding supreme court may receive evidence outside the record to establish the absence or loss of jurisdiction through denial of any of the rights guaranteed to a prisoner at the bar by either the United States or New Mexico constitutions. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 142. 39A C.J.S. Habeas Corpus § 188.
NM Stat § 44-1-26 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-26 - [Procedure when petitioner is sick or infirm.]

Whenever from the sickness or infirmity of the person directed to be produced by any writ of habeas corpus such person cannot, without danger, be brought before the officer before whom the suit is made returnable, the party in whose custody he is may state the fact in his return to the writ, verifying the same by his oath; and if such officer is satisfied of the truth of such allegation and the return is otherwise sufficient, he shall proceed to decide upon such return and to dispose of the matter; and if it appears that the person detained is illegally imprisoned, confined or restrained of his liberty, the officer shall order those having such person in their custody to discharge him forthwith; and if it appears that such person is legally detained, imprisoned and confined, and is not entitled to be bailed, such officer shall dismiss the proceedings. History: Laws 1884, ch. 1, § 25; C.L. 1884, § 2036; C.L. 1897, § 2806; Code 1915, § 2614; C.S. 1929, § 63-126; 1941 Comp., § 25-1126; 1953 Comp., § 22-11-26.
NM Stat § 44-1-27 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-27 - [Disobedience of order for discharge; attachment; damages recoverable.]

Obedience to any order for the discharge of any prisoner, granted pursuant to the provisions of this chapter, may be enforced by the officer issuing such writ or granting such order, by attachment, in the same manner as herein provided for a neglect to make a return to a writ of habeas corpus, and the person guilty of such disobedience shall forfeit to the party aggrieved, one thousand dollars [($1,000)] in addition to any special damages such party may have sustained. History: Laws 1884, ch. 1, § 26; C.L. 1884, § 2037; C.L. 1897, § 2807; Code 1915, § 2615; C.S. 1929, § 63-127; 1941 Comp., § 25-1127; 1953 Comp., § 22-11-27. ANNOTATIONSMeaning of "this chapter". — The term "this chapter" appeared in the original act, which was divided into three unnumbered divisions, to-wit: habeas corpus, §§ 1 to 36; mandamus, §§ 37 to 50; prohibition, §§ 51 to 56; and apparently referred to §§ 1 to 36, the operative provisions of which are compiled as 44-1-1 to 44-1-22, 44-1-25 to 44-1-37 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 176, 177. Liability for statutory penalty of judge, court, administrative officer or other custodian of person, in connection with habeas corpus proceedings, 84 A.L.R. 807. 39A C.J.S. Habeas Corpus § 187.
NM Stat § 44-1-29 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-29 - [Concealment or transfer of prisoner to avoid writ; forfeiture.]

If anyone, who has in his custody, or under his control, a person entitled to a writ of habeas corpus, whether a writ has been issued or not, transfers such prisoner to the custody, or places him under the power or control of another person, or conceals him, or changes the place of his confinement, with intent to elude the service of such writ, or to avoid the effect thereof, the person so offending shall forfeit to the party aggrieved thereby the sum of four hundred dollars [($400)], to be recovered in a civil action. History: Laws 1884, ch. 1, § 28; C.L. 1884, § 2039; C.L. 1897, § 2809; Code 1915, § 2617; C.S. 1929, § 63-129; 1941 Comp., § 25-1129; 1953 Comp., § 22-11-29. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 176, 177. Liability of judge, court administrative officer or other custodian of person for whose release the writ is sought, in connection with habeas corpus proceedings, 84 A.L.R. 807. 39A C.J.S. Habeas Corpus § 187.
NM Stat § 44-1-30 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-30 - [Detention officer refusing to furnish copies; forfeiture.]

Any officer, or other person, refusing to deliver a copy of any order, warrant, process or other authority, by which he detains any person, to anyone who demands such copy and tenders the fees thereof, shall forfeit two hundred dollars [($200)] to the person so detained. History: Laws 1884, ch. 1, § 29; C.L. 1884, § 2040; C.L. 1897, § 2810; Code 1915, § 2618; C.S. 1929, § 63-130; 1941 Comp., § 25-1130; 1953 Comp., § 22-11-30. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 176, 177. Liability of judge, court administrative officer or other custodian of person for whose release the writ is sought, in connection with habeas corpus proceedings, 84 A.L.R. 807. 39A C.J.S. Habeas Corpus § 187.
NM Stat § 44-1-31 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-31 - [When writ returnable; seal.]

Every writ of habeas corpus may be made returnable at a day certain, or forthwith, as the case may require, and shall be under the seal of the court. History: Laws 1884, ch. 1, § 30; C.L. 1884, § 2041; C.L. 1897, § 2811; Code 1915, § 2619; C.S. 1929, § 63-131; 1941 Comp., § 25-1131; 1953 Comp., § 22-11-31. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 136. 39A C.J.S. Habeas Corpus § 180.
NM Stat § 44-1-32 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-32 - [Who may serve writ; tender of fees; bond for costs and restoration of prisoner.]

It can only be served by an elector of this state, and the service thereof shall not be deemed complete unless the party serving the same tenders to the person in whose custody the prisoner is, if such person is a sheriff, constable or marshal, the fees allowed by law for bringing up such prisoner. The officer granting the writ may, in his discretion, require a bond in a penalty not exceeding one thousand dollars [($1,000)], with sufficient sureties, conditioned that the obligators will pay all costs and expenses of the proceeding, and the reasonable charges of restoring the prisoner to the person from whose custody he was taken, if he is remanded. Such bond shall run to the sheriff of the county and be filed in the office of the clerk of the court from which the writ issues. History: Laws 1884, ch. 1, § 31; C.L. 1884, § 2042; C.L. 1897, § 2812; Code 1915, § 2620; C.S. 1929, § 63-132; 1941 Comp., § 25-1132; 1953 Comp., § 22-11-32. ANNOTATIONSCross references. — For sheriff's fees for producing prisoner, see 44-1-37 NMSA 1978. Intention that petitioner either post bond or pay costs. — The evident intention of the legislature under this section is that the petitioner might advance the costs to the person in charge of the prisoner or that the officer might require bond for the payment of all costs. In re Fullen, 1913-NMSC-036, 17 N.M. 405, 132 P. 1137. Taxing of costs done pursuant to section. — The taxing of costs under the terms of the bond, by the supreme court, is not an exercise of discretion, but is pursuant to this section. In re Fullen, 1913-NMSC-036, 17 N.M. 405, 132 P. 1137. Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 133, 165 to 167. 39A C.J.S. Habeas Corpus §§ 177, 235.
NM Stat § 44-1-33 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-33 - [Service by delivery to custodian or person to whom writ is directed.]

Every writ of habeas corpus issued pursuant to this chapter may be served by delivering the same to the person to whom it is directed. If he cannot be found, it may be served by being left at the jail or other place in which the prisoner is confined, with any under officer or other person of proper age having charge for the time of such prisoner. History: Laws 1884, ch. 1, § 32; C.L. 1884, § 2043; C.L. 1897, § 2813; Code 1915, § 2621; C.S. 1929, § 63-133; 1941 Comp., § 25-1133; 1953 Comp., § 22-11-33. ANNOTATIONSMeaning of "this chapter". — The term "this chapter" appeared in the original act, which was divided into three unnumbered divisions, to-wit: habeas corpus, §§ 1 to 36; mandamus, §§ 37 to 50; prohibition, §§ 51 to 56; and apparently referred to §§ 1 to 36, the operative provisions of which are compiled as 44-1-1 to 44-1-22, 44-1-25 to 44-1-37 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Habeas Corpus § 177.
NM Stat § 44-1-34 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-34 - [Service by posting.]

If the person on whom the writ ought to be served, conceals himself, or refuses admittance to the party attempting to serve the same, it may be served by affixing the same in some conspicuous place on the outside, either of his dwelling house or of the place where the party is confined. History: Laws 1884, ch. 1, § 33; C.L. 1884, § 2044; C.L. 1897, § 2814; Code 1915, § 2622; C.S. 1929, § 63-134; 1941 Comp., § 25-1134; 1953 Comp., § 22-11-34. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Habeas Corpus § 177.