CHAPTER 215

An Act to amend and reenact 8§ 8-596 and 8-598 of the Code of Virginia,
relating to when and by whom the writ of habeas corpus ad subji-
ciendum shall be granted, and how the writ of habeas corpus ad
subjiciendum shall be directed and made returnable. CH 439]

Approved March 7, 1958

Be it enacted by the General Assembly of Virginia:

1. That §§ 8-596 and 8-598 of the Code of Virginia be amended and
reenacted as follows:

8-596. The writ of habeas corpus ad subjiciendum shall be granted
forthwith by any circuit court or corporation court, or any judge of either
in vacation, to any person who shall apply for the same by petition, show-
ing by affidavits or other evidence probable cause to believe that he is
detained without lawful authority. Such petition shall enumerate any and
all previous applications of like nature and their disposition.

Subject to the provisions of § 17-97 of the Code of Virginia only (1)
the circuit court or corporation court or any judge of either in vacation
of the county or city in which the petitioner is detained or (2) the court
or any judge thereof in vacation which entered the original judgment
order of conviction or convictions complained of in the petition shall have
authority to issue writs of habeas corpus.

§ 8-598. The writ shall be directed to the person in whose custody
the petitioner is detained and shall be made returnable as soon as may be
peters the court or judge ordering the same, or any other of such courts
or judges.

And it is further provided that in the event the allegations of
illegality of the petitioner’s detention present a case for the determina-
tion of unrecorded matters of fact relating to any previous judicial pro-
ceeding, such writ, if issued, shall be made returnable before the court in
which such judicial proceeding occurred.