§15-21-7. When petition may be addressed to another judge; justifying proof required; ouster of jurisdiction of nearest judge.

(a) When the petition for a writ of habeas corpus is required to be addressed to the nearest circuit court judge and such judge is absent, is incapable of acting, has refused to grant the writ, has refused to grant the writ returnable within five days or has granted the writ returnable in five days but has failed or refused to rule therein within five days from the return date, it may be addressed to any other circuit court judge. In such case, before the writ is granted, proof must be made, either by the oath of the applicant or other sufficient evidence, of the particular facts which justify such address.

(b) The jurisdiction of the nearest circuit court judge shall be ousted when the petition is filed with any other circuit court judge.

(Code 1852, §714; Code 1867, §4265; Code 1876, §4941; Code 1886, §4765; Code 1896, §4818; Code 1907, §7013; Code 1923, §4311; Code 1940, T. 15, §7; Acts 1951, No. 925, p. 1574.)