Application for a writ of habeas corpus may be made by the party complaining, or anyone for such party, setting forth upon oath, where and by whom, and for what cause, to the best of his or her knowledge, such party is imprisoned or restrained of liberty, and exhibiting a copy of the commitment, if there be any, or showing why such copy could not be procured.

Code 1852, § ?2546; Code 1915, § ?4478; Code 1935, § ?4930; 10 Del. C. 1953, § ?6905; 70 Del. Laws, c. 186, § ?1;