Haw. Rev. Stat. § 660-16

Current through the 2024 Legislative Session

Section 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.

HRS § 660-16

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

Sheriff, etc., see § 26-14.6.