§ 15-21-17 — When Return to Be Made; Form and Contents of Return

(a) After due service thereof, the person to whom a writ of habeas corpus is directed must make his return on the day therein specified if practicable; and, if no day is specified therein and the place to which the return is to be made is not more than 30 miles from the place where the party is imprisoned or detained, the return must be made within two days after service, but if more than 30 and less than 100 miles, within five days, and if over 100 miles, within eight days after service.
(b) The return must be signed by the person making it and be verified by his oath, unless he is a sworn public officer and makes the return in his official capacity, and it must state, plainly and unequivocally whether or not he has the party in his custody or power or under his restraint and, if so, by what authority and the cause thereof, setting out the same fully, together with a copy of the writ, warrant or other written authority, if any; and, if he has had the party in his custody or power or under his restraint at any time before or after the date of the writ but has transferred such custody or restraint to another, the return must state to whom, at what time, for what cause and by what authority such transfer was made.

Legislative History

(Code 1852, §§723, 724; Code 1867, §§4274, 4275; Code 1876, §§4950, 4951; Code 1886, §§4774, 4775; Code 1896, §§4827, 4828; Code 1907, §§7022, 7023; Code 1923, §§4321, 4322; Code 1940, T. 15, §§17, 18.)