§15-21-19. Proceedings when person not produced on account of sickness or infirmity.  


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  • When the party on whose behalf a writ of habeas corpus is sued out is not produced on account of sickness or infirmity, the court or judge before whom the writ is returnable may proceed to decide on the return as if the party had been produced if satisfied of such sickness or infirmity, may proceed to the place where he is imprisoned or detained and there make the examination or may adjourn the examination to another time.

(Code 1852, §726; Code 1867, §4277; Code 1876, §4953; Code 1886, §4777; Code 1896, §4830; Code 1907, §7025; Code 1923, §4324; Code 1940, T. 15, §20.)