The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-02-26
AN ACT establishing the Right
ofihe Writ, for repleyying a
Person.

o =
Person.
SEC. /. Be Il enacted By the. Senate an,
Hoar afRspreenasipes IN Legislature assem-
bied, That every person with,n this Stale
who shall be imprisoned, confined. or held -
dnrsnce shall De entitled as OF right, 10 the writ
for repleyyIng person, aud to be thereby
delivered unless while the wit OF Habeas
Corpus is suspended by the Legislature, he
shall stand committed by the special order OF
lhe Supreme Executive Power OF the State a.
dangerous 10 the public safety, or by the
same, or by some subofdiDate authority OF the
government for treason, the death OF man,
counierieiing tue common currency, house
burning burglary, robbery, or some other
offence, for which if he is convicted. be may
suffer death or Punishment, or unless be IS beld
in execution upon judgment OF debt, forfeit
ure, wthemam, or by distress tor taxes, or
under sentence after CONVICTION, for fine, costs
or in punishment. And where any person
stands committed By lawful authority for any
criIae for which he may not snffer death, or
otherwise than Is above in This act SPECIFIED
tbe writ shall be in form prescribed by law.
Seer. 2. Be it further enacted, That IT the
plaintiff stands committed Tor any crime not
before in this act mentioned, or Tor any other
offence. whereof if he is convicted, be may
not bare sentence of death or banlshment
thereof passed upon him be shall have ms writ
from the Clerk OF the Supreme Judicial! Court
fourteen DAYS before The return day of the
same and The same writ shall be made re
turnable in the same county where the 'npTls
onment happens, and unto the next Supreme
Judical Court. to be there holden, but 1T he
Is held by any person without due order OF
law. he shall have his writ from the Clerk OF
the Circuit Court OF Common Pleas OF the
county wherein be is held relurnabe fourteen
DAYS At the least from the day OF the date and
where the plaintiff is delivered by writ re
furnabie into he Supreme yud,ciai Court
having been committed tor any Office and from
which commitment he IS Iepev'abie, ne shall,
before he is delivered, recognize before the
Sheriff ofthe county, IN person with sufficient
surety or sure.ies IN reasonable SUN tor ms
appearance al the same court, 10 answer,
b,de and perform the order and sentence OF
III. same which recognizance shall be return
ed into Court by the Sheriff; and when he
plaintiff shall be delivered by writ returna-
bic into the Circu: Court of Common Pleas,
be shall before bis deiiverance give bond &
the Use Of the defendant with sufficient surety
or sureties, al the discretion OF the Sheriff, to
appear at The Court to which The writ is re
turnsbe and there 10 prosecute bis rePlevln
against the defendant, TO have his body there
ready to be redelivered, as the Court shat
order, and TO pay all damages aud costs ihal
NAV be awarded against him and The Sheriff
shall be answerable If the sureiies shall prove
insufficient, unless they are such as The deien-
dant agrees 10.
Seer. 3 Be Il further enacted, That If the
plaintiff shall not prosecute, or IN prosecuting
shall be unable 10 support his rePleyin. then
The defendant shall recover bis reasonable
costs : and II 1t shall be found. upon the trial,
that the plaintiff is the ward or infant Of The
defendant. or that he The said defendant IS en-
titiei 10 tie service of the plaintiff, OF that the
defendant is bail TO the plaintiff, then the de
PENDANT shall have judgment against ibe PLAN
Tiff for redeliyery of bis body and Tor such
damages a. the Jury shall assess against the
plaini fl. with reasonable costs.
Sscr. A BE IL further enacted, That d The
Sheriff shall return upon the writ, for replevy
ing person issuing from the Circuit Court OF
Common Pleas, that the defendant bath eloin-
ed the plaintiffs body. 50 that ne cannot de
liver him. hen the plaintiff shall on molten TO
the Court, have Csplas in WitheTnam to
take the defendants body, aud 10 keep The
same snlil be shall produce the plaintiff 10 be
delivered according 10 the commandment OF
The original wri, Providsd neverthsiess, Inst
IL The defendant shall give full aud suflcien
bail ior has appearance q he couit whereunto
the writ is returnable. then and here TO ira
verse The return OF the Sheriff upon the writ
for repleyying person, that the Sheriff Shall
take such bail or il the defendant cannot
procure such bail. and is lhereupon commit
ted 10y the Sheriff, he may nevertheless al The
next term land not atIerw ards) &c allowed e
traverse The Sherid's return Of eIoDgation, or