Upon the refusal or neglect of the person to whom the writ of habeas corpus is directed to receive and execute it, the court or justice may issue a precept to any officer or other person designated therein, commanding him to bring the prisoner forthwith before such court or justice, who shall thereupon discharge, bail or remand the prisoner as if he had been brought in upon the writ of habeas corpus.
Mass. Gen. Laws ch. 248, § 29