11-43-15 - Writ issued by judge or clerk. - Mississippi Statutes

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§ 11-43-15. Writ issued by judge or clerk.

The judge granting the writ may order it to be issued by the clerk of the supreme court, or of any circuit or chancery court, who shall immediately issue it on receiving the order; or, when not convenient to a clerk, the judge himself shall issue the writ. Any judge or chancellor who shall wilfully refuse or neglect to grant, or to issue and try, the writ of habeas corpus, when required by law to do so, shall be guilty of a high misdemeanor in office, and any clerk who shall not, when ordered, immediately issue the writ, and other process, shall be liable, on conviction thereof, to be removed from office; and the judge or clerk shall, in case of such neglect or refusal, be liable, civilly, to the party aggrieved.

Sources: Codes, Hutchinson's 1848, ch. 65, art. 1 (1, 13); 1857, ch. 48, arts. 4, 6; 1871, § 1401; 1880, § 2523; 1892, § 2233; 1906, § 2452; Hemingway's 1917, § 2018; 1930, § 1921; 1942, § 2822.

State Codes and Statutes

Statutes > Mississippi > Title-11 > 43 > 11-43-15

§ 11-43-15. Writ issued by judge or clerk.

The judge granting the writ may order it to be issued by the clerk of the supreme court, or of any circuit or chancery court, who shall immediately issue it on receiving the order; or, when not convenient to a clerk, the judge himself shall issue the writ. Any judge or chancellor who shall wilfully refuse or neglect to grant, or to issue and try, the writ of habeas corpus, when required by law to do so, shall be guilty of a high misdemeanor in office, and any clerk who shall not, when ordered, immediately issue the writ, and other process, shall be liable, on conviction thereof, to be removed from office; and the judge or clerk shall, in case of such neglect or refusal, be liable, civilly, to the party aggrieved.

Sources: Codes, Hutchinson's 1848, ch. 65, art. 1 (1, 13); 1857, ch. 48, arts. 4, 6; 1871, § 1401; 1880, § 2523; 1892, § 2233; 1906, § 2452; Hemingway's 1917, § 2018; 1930, § 1921; 1942, § 2822.

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State Codes and Statutes

Statutes > Mississippi > Title-11 > 43 > 11-43-15

§ 11-43-15. Writ issued by judge or clerk.

The judge granting the writ may order it to be issued by the clerk of the supreme court, or of any circuit or chancery court, who shall immediately issue it on receiving the order; or, when not convenient to a clerk, the judge himself shall issue the writ. Any judge or chancellor who shall wilfully refuse or neglect to grant, or to issue and try, the writ of habeas corpus, when required by law to do so, shall be guilty of a high misdemeanor in office, and any clerk who shall not, when ordered, immediately issue the writ, and other process, shall be liable, on conviction thereof, to be removed from office; and the judge or clerk shall, in case of such neglect or refusal, be liable, civilly, to the party aggrieved.

Sources: Codes, Hutchinson's 1848, ch. 65, art. 1 (1, 13); 1857, ch. 48, arts. 4, 6; 1871, § 1401; 1880, § 2523; 1892, § 2233; 1906, § 2452; Hemingway's 1917, § 2018; 1930, § 1921; 1942, § 2822.