Delaware Code Title 10 Sec. 6906 – Award and service of writ
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(a) The court or judge, to whom an application under this chapter is made, shall, without delay, under penalty of $1,000 to the party aggrieved, award and issue a writ of habeas corpus under seal of the court, directed to the officer or person in whose custody the prisoner is detained, returnable forthwith before such court or judge.
Terms Used In Delaware Code Title 10 Sec. 6906
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) The writ may be served by anyone who will do the service.
Code 1852, § ?2547; Code 1915, § ?4479; Code 1935, § ?4931; 10 Del. C. 1953, § ?6906;