Section 11-43-23 - Where and when returnable

The writ of habeas corpus shall be returnable forthwith, or on a particular day within a reasonable time, and at a place to be named by the judge granting the writ. But when granted by a circuit judge or chancellor, on the application of any person in custody, before conviction upon a criminal charge under the laws of this state, the judge or chancellor shall cause the writ to be made returnable at a convenient place in the county in which the offense is alleged to have been committed, unless so doing will interfere with his holding of a term of court.Codes, 1871, § 1404; 1880, § 2526; 1892, § 2237; 1906, § 2456; Hemingway's 1917, § 2022; 1930, § 1925; 1942, § 2826.