Miss. Code § 11-43-17

Current through the 2024 Regular Session
Section 11-43-17 - Form and service of writ

The writ may be in substance, as follows, to wit:

"The State of Mississippi, to ____________________:

"We command you to have the body of ____________________, by you detained, as it is said, before ____________________, a judge of our ____________________ court, at ____________________, forthwith (or on a given day), to do and receive what may be then and there considered concerning him. Witness my hand," etc.

And it may be served by such person as the judge granting it may direct, or by the sheriff or any constable, and it shall be served by the delivery of a true copy thereof to the person to whom it is directed, if to be found. And if it be directed to a sheriff or other officer who cannot be found, it may be served by leaving a copy with any deputy or servant of the officer to whom it is directed, at the place where the prisoner or other person is detained; and it shall be returned with an indorsement of service as in other cases.

Miss. Code § 11-43-17

Codes, 1871, § 1402; 1880, § 2524; 1892, § 2234; 1906, § 2453; Hemingway's 1917, § 2019; 1930, § 1922; 1942, § 2823.