State Codes and Statutes

Statutes > North-carolina > Chapter_17 > GS_17-14

§17‑14.  Contents of return; verification.

The person or officer on whomthe writ is served must make a return thereto in writing, and, except wheresuch person is a sworn  public officer and makes his return in his officialcapacity, it must  be verified by his oath. The return must state plainly andunequivocally –

(1)        Whether he has orhas not the party in his custody or under his power or restraint.

(2)        If he has the partyin his custody or power, or under his restraint, the authority and the cause ofsuch imprisonment or restraint, setting forth the same at large.

(3)        If the party isdetained by virtue of any writ, warrant, or other written authority, a copythereof shall be annexed to the return; and the original shall be produced andexhibited  on the return of the writ to the court or judge before whom the sameis returnable.

(4)        If the person orofficer upon whom such writ is served has had the party in his power orcustody, or under his restraint, at any time prior or subsequent to the date ofthe writ, but has transferred such custody or restraint to another, the returnshall state particularly to whom, at what time, for what cause and by whatauthority such transfer took place. (1868‑9, c. 116, s. 11;Code, s. 1633; Rev., s. 1831;  C.S., s. 2216.)

State Codes and Statutes

Statutes > North-carolina > Chapter_17 > GS_17-14

§17‑14.  Contents of return; verification.

The person or officer on whomthe writ is served must make a return thereto in writing, and, except wheresuch person is a sworn  public officer and makes his return in his officialcapacity, it must  be verified by his oath. The return must state plainly andunequivocally –

(1)        Whether he has orhas not the party in his custody or under his power or restraint.

(2)        If he has the partyin his custody or power, or under his restraint, the authority and the cause ofsuch imprisonment or restraint, setting forth the same at large.

(3)        If the party isdetained by virtue of any writ, warrant, or other written authority, a copythereof shall be annexed to the return; and the original shall be produced andexhibited  on the return of the writ to the court or judge before whom the sameis returnable.

(4)        If the person orofficer upon whom such writ is served has had the party in his power orcustody, or under his restraint, at any time prior or subsequent to the date ofthe writ, but has transferred such custody or restraint to another, the returnshall state particularly to whom, at what time, for what cause and by whatauthority such transfer took place. (1868‑9, c. 116, s. 11;Code, s. 1633; Rev., s. 1831;  C.S., s. 2216.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_17 > GS_17-14

§17‑14.  Contents of return; verification.

The person or officer on whomthe writ is served must make a return thereto in writing, and, except wheresuch person is a sworn  public officer and makes his return in his officialcapacity, it must  be verified by his oath. The return must state plainly andunequivocally –

(1)        Whether he has orhas not the party in his custody or under his power or restraint.

(2)        If he has the partyin his custody or power, or under his restraint, the authority and the cause ofsuch imprisonment or restraint, setting forth the same at large.

(3)        If the party isdetained by virtue of any writ, warrant, or other written authority, a copythereof shall be annexed to the return; and the original shall be produced andexhibited  on the return of the writ to the court or judge before whom the sameis returnable.

(4)        If the person orofficer upon whom such writ is served has had the party in his power orcustody, or under his restraint, at any time prior or subsequent to the date ofthe writ, but has transferred such custody or restraint to another, the returnshall state particularly to whom, at what time, for what cause and by whatauthority such transfer took place. (1868‑9, c. 116, s. 11;Code, s. 1633; Rev., s. 1831;  C.S., s. 2216.)