(a) If any officer or person to whom the writ of habeas corpus is directed, or any deputy of such officer, or agent of such person, neglects to return the writ and produce the body as required by § 6907 of this title, it shall be a contempt of the court under whose seal the writ issued and a forfeiture of office. Such officer, person, deputy, or agent shall forfeit and pay to the prisoner $500.

Terms Used In Delaware Code Title 10 Sec. 6915

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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) Where the writ of habeas corpus is made returnable before the Superior Court, such contempt shall be punishable by the Court by both fine and imprisonment, or either, in its discretion; and the Court may, by attachment for contempt, compel the production before it, of the body of the person imprisoned or restrained of liberty.

Code 1852, § ?2555; 17 Del. Laws, c. 222; Code 1915, § ?4487; Code 1935, § ?4939; 10 Del. C. 1953, § ?6915; 70 Del. Laws, c. 186, § ?1;