7004 - Content of writ.

§ 7004. Content of writ. (a) For whom issued. The writ shall be issued  on  behalf of the state, and where issued upon the petition of a private  person, it shall show that it was issued upon his relation.    (b) To whom directed.    The  writ  shall  be  directed  to,  and  the  respondent shall be, the person having custody of the person detained.    (c)  Before  whom  returnable.    A  writ to secure the discharge of a  person from a state  institution  shall  be  made  returnable  before  a  justice  of the supreme court or a county judge being or residing within  the county in which the person is detained; if there is no such judge it  shall be made returnable before the  nearest  accessible  supreme  court  justice  or  county  judge.   In all other cases, the writ shall be made  returnable in the county where it was  issued,  except  that  where  the  petition  was  made  to  the supreme court or to a supreme court justice  outside the county in which  the  person  is  detained,  such  court  or  justice  may  make  the  writ  returnable before any judge authorized to  issue it in the county of detention.    (d) When returnable.  The writ may be made returnable forthwith or  on  any day or time certain, as the case requires.    (e)  Expenses;  undertaking.  A  court  issuing a writ directed to any  person other than a public officer may require the petitioner to pay the  charges of bringing up the person detained and to deliver an undertaking  to the person having him in custody, in an amount fixed by the court, to  pay the charges for taking back the person  detained  if  he  should  be  remanded. Service of the writ shall not be complete until such charge is  paid or tendered and such undertaking is delivered.