Whenever application for any such writ is made to any officer not residing within the district where the prisoner is detained, he shall require proof by oath of the party applying, or by other sufficient evidence, that there is no officer in such district authorized to grant the writ; or if there is one, that he is absent or has refused to grant such writ; or for some cause, to be specially set forth, is incapable of acting, and if such proof is not produced, the application shall be denied.
§ 44-1-4 NMSA 1978
[Application to officer residing outside district of detention; jurisdictional proof required.]
Known as the Uniform Unsworn Foreign Declarations Act
The act spans §§ 44–44 (147 sections).
Laws 1884, ch. 1, § 4; C.L. 1884, § 2015; C.L. 1897, § 2784; Code 1915, § 2592; C.S. 1929, § 63-104; 1941 Comp., § 25-1104; 1953 Comp., § 22-11-4.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.