§660-16  Person held until writ issues,
when.  Whenever it appears by satisfactory proof, by affidavit or
otherwise, to any court or judge authorized by law to issue writs of habeas
corpus, that anyone is illegally held in custody, confinement, or restraint and
that there is good reason to believe that the person will be carried out of the
jurisdiction of the court or judge or will suffer some irreparable injury
before compliance with a writ of habeas corpus can be enforced, the court or
judge may cause a warrant to be issued, reciting the facts and directed to the
sheriff or the sheriff's deputy, or the chief of police of the city and county
of Honolulu or the chief's deputies, or to any police officer in any other
county, commanding such officer to take such person thus held in custody,
confinement, or restraint and forthwith bring the person before the court or
judge, and hold the person there until a writ of habeas corpus can be duly
issued and served, after which the party alleged to be illegally restrained,
shall be deemed to be before the court designated to hear the return in
obedience to the writ. [L 1870, c 32, §28; RL 1925, §2739; RL 1935, §4324; RL
1945, §10365; RL 1955, §239-16; am L 1963, c 85, §3; HRS §660-16; am L 1972, c
90, §5(j); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]



 



Cross References



 



  Sheriff, etc., see §26-14.6.