SEC. 9-1-19. Authority of judges of supreme, circuit courts and chancellors and judges of Court of Appeals to grant remedial writs.
[Until Laws, 1993, ch. 518, is effectuated under Section 5 of the Voting Rights Act of 1965, this section reads as appearing in the parent volume.] [Until Laws, 1993, ch. 518, is effectuated under Section 5 of the Voting Rights Act of 1965, this section reads as follows:] The judges of the supreme and circuit courts and chancellors, in term time and in vacation, may severally order the issuance of writs of habeas corpus, mandamus, certiorari, supersedeas and attachments, and grant injunctions and all other remedial writs, in all cases where the same may properly be granted according to right and justice, returnable to any court, whether the suit or proceedings be pending in the district of the judge or chancellor granting the same or not. The fiat of such judge or chancellor shall authorize the issuance of the process for a writ returnable to the proper court or before the proper officer; and all such process or writs may be granted, issued and executed on Sunday.
[From and after such time as Laws, 1993, ch. 518, is effectuated under Section 5 of the Voting Rights Act of 1965, this section reads as follows:] The judges of the Supreme and circuit courts and chancellors and judges of the Court of Appeals, in termtime and in vacation, may severally order the issuance of writs of habeas corpus, mandamus, certiorari, supersedeas and attachments, and grant injunctions and all other remedial writs, in all cases where the same may properly be granted according to right and justice, returnable to any court, whether the suit or proceedings be pending in the district of the judge or chancellor granting the same or not. The fiat of such judge or chancellor shall authorize the issuance of the process for a writ returnable to the proper court or before the proper officer; and all such process or writs may be granted, issued and executed on Sunday.
SOURCES: Codes, Hutchinson's 1848, ch. 53, art. 6(5); 1857, ch. 61, art. 9, ch. 62, art. 3; 1871, Secs. 533, 979; 1880, Secs. 1904, 2267; 1892, Sec. 916; 1906, Sec. 992; Hemingway's 1917, Sec. 712; 1930, Sec. 742; 1942, Sec. 1657. Laws, 1993, ch. 518, Sec. 11, eff from and after date said ch. 518, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.