170. Custody pending hearing.

On the return and the production of the party on whose behalf the writ was issued, the authority under which the original commitment took place is suspended and, until the case is finally disposed of, the custody of the prisoner is under the control and direction of the court to which the return is made1. The prisoner is detained not under the original commitment, but under the authority of the writ2. Pending the hearing the court has power, even after the return is filed, to remand the prisoner to the prison where he is in custody or to any