Terms Used In Vermont Statutes Title 12 Sec. 3964

  • Magistrate: shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

§ 3964. Return of statement as to custody and authority

In cases other than those provided for in section 3962 of this title, the person who makes the return shall state therein, and, in the cases provided for in such section, the person in whose custody the prisoner is found shall state, in writing, to such court or magistrate, plainly and unequivocally, whether he or she has or has not the prisoner in his or her custody or power or under restraint. If he or she has him or her in his or her custody or power or under restraint, he or she shall set forth at large the authority and the true and whole cause of such imprisonment or restraint, with a copy of the writ, warrant, or other process, if any, upon which he or she is detained. If he or she has had him or her in his or her custody or power or under restraint and has transferred such custody or restraint to another, he or she shall state particularly to whom, at what time, for what cause and by what authority such transfer was made.