1. (a) The court or judge, to whom an application under this chapter is made, shall, without delay, under penalty of $1,000 to the party aggrieved, award and issue a writ of habeas corpus under seal of the court, directed to the officer or person in whose custody the prisoner is detained, returnable forthwith before such court or judge.
2. (b) The writ may be served by anyone who will do the service.

Code 1852, § 2547; Code 1915, § 4479; Code 1935, § 4931; 10 Del. C. 1953, § 6906