« PreviousContinue »
force as to
Judgment withstanding such discharge as aforesaid, be and remain to be in
to good and effectual in law to all intents and purposes property. against any property or estate attachable thereon by law,
and the creditor, his agent or attorney, executor or administrator, may take out a new execution on such judgment, which shall run only against such property or estate for the satisfaction of the debt and cost, in the same manner as though the said prisoner had never been taken in execution; and if the prisoner be confined on mesne process, and discharged as before provided, the judgment in such suit shall be rendered against the property of the debtor, and execution issue accordingly.
Sec. 10. And be it further enacted, That if any sheriff, depcase of uty-sheriff, town-sergeant, constable or keeper of any prisoners
jail, shall take or receive from any prisoner in his or void.
their custody, any bond, obligation, covenant, promise or assurance whatsoever, to indemnify and save harmless the person taking the same, for the enlargement or ease of such prisoner, in any other form or manner than is prescribed by law for taking bail on mesne process, in a civil action, or is prescribed in this act for the ease of prisoners confined for the causes therein mentioned, every such bond, obligation, covenant, promise or assurance whatever, shall be utterly void.
thority therefore anstraint of
An act directing the process upon writs of habeas corpus. Whereas the writ of habeas corpus is a writ of right, to which the citizens of this State are, by the law of the land, at all times entitled, to obtain relief from every wrongful
imprisonment, or unlawful restraint of personal liberty: Habeas
Section 1. Be it therefore enacted by the General Assembly,
and by the authority thereof it is enacted, That any person imwhen to be granted.
prisoned in any common jail, or otherwise restrained on his personal liberty, by any officer or officers, or any other person or persons, for any cause, or upon any pretence whatever, he, or any person in his behalf, may complain in writing to the supreme judicial court of this State, in term time in any county, or to any one or more of the justices thereof in the vacation of the said court; and upon such complaint, and upon view of the copy of the warrant (if any there be) by which such person stands committed, or upon his affidavit, certified by a justice of the peace, or on the oath of the person applying on his behalf, or any other credible witness, or upon the affidavit of such witness certified as aforesaid, if he lives more than twenty miles from the court or judge applied to, that a copy of such warrant has been demanded and denied, the said court in term time, and the said judge in the vacation, hereby are respectively authorized and required to award a writ of habeas corpus, directed to the officer or person to whom restraining or imprisoning the complainant, returnable directed. forthwith to such court or judge who awarded the same ; Excepexcept the complaint be in favour of persons committed tion. for a capital crime, or for suspicion thereof, or as accessary to the same before the fact, plainly and specifically expressed in the warrant of commitment, or persons convict, or in execution by legal process, criminal or civil, or committed by mesne process in any civil action for want of sufficient bail.
Sec. 2. And be it further enacted, That such writ, when By whom awarded by the said court, shall be signed by the clerk, to be sign
erk, ed and tested by the first justice who is not a party thereto, and sealed. sealed with the seal of said court; but when awarded by any judge in the vacation, shall only be under the hand and seal of such judge, and shall direct the place to which the complainant shall be brought; and the form of such writ, when awarded by the said supreme judicial court, shall be as follows, viz: sc. The State of Rhode Island and Providence Plantations, Form of [Seal.] To
greeting. We command you, that the body of
of in our prison, in your custody (or by you imprisoned, and restrained of his liberty, as the case may be as it is said, together with the day and cause of his taking and detaining, by whatsoever name the said
shall be called or charged, you have before our justices of our supreme judicial court, holden at
within and for the county of immediately after the receipt of this writ, to do and receive what our said justices shall then and there consider concerning him in this behalf, and have there this writ. Witness,
Esq. at day of in the year
And the like form shall be used by the judge, mutatis mutandis, when such writ shall be awarded by him: Pro- Proviso. vided, That nothing in this act contained shall be construed to hinder or restrain the said supreme judicial court
in term, or any one or more justices thereof in the vacation, from bailing any person whatever, and for whatever offence committed, at their discretion, whenever the circumstances of the case shall appear to require it; persons committed by either house of assembly, during their session, for contempt, or other legal cause, always excepted.
Sec. 3. And be it further enacted, That when any perbe return- son shall bring and offer such writ of habeas corpus to the ed, &c.
officer or person to whom the same shall be directed, he
taking and detaining. Awarded Sec. 4. And be it further enacted, That if after the award
aca- ing such writ by any judge of the supreme judicial court tion may be return. in vacation, but before the return thereof, the said court ed in term. shall sit in any county, the said writ, with the body of the
complainant, and causes of taking and detaining, may be returned, had and certified to the said court, by the judge who awarded the same; but if after awarding such writ by the said court in term, but before the return thereof, the said court shall rise or be adjourned, the same, with the body of the complainant, and causes of taking and detaining, shall be returned, had and certified before some
judge of the said supreme judicial court. Complain- Sec. 5. And be it further enacted, That when any person ant may be shall be brought by writ of habeas corpus as aforesaid bebailed, &c.
fore the said court, or any judge thereof, such court or judge shall, within three days after, proceed to examine the said causes, and if committed for an offence or cause bailable by law, they shall bail him, by recognizing him with sufficient surety or sureties in a reasonable sum, having regard to his circumstances, and the nature of the offence, to appear at such court as shall have cognizance of the offence; and shall certify the recognizance into such court, if committed upon mesne process in any civil action for want of bail; and if the bail required shall appear excessive, it shall be ascertained what bail is reasonable, and he shall be discharged on giving the same; but if it shall appear that the complainant is imprisoned or restrained without due order of law, or sufficient cause, he shall be discharged from such commitment or restraint.
Sec. 6. And be it further enacted, That if any officer in Penalty whose custody any prisoner shall be, shall not, within six for nego
lecting to hours after demand made, deliver such prisoner a true deliver a copy of the warrant or process by which he stands com- copy of
11 the warmitted, such officer shall forfeit to the party aggrieved, rant, &c. the sum of one hundred dollars.
Sec. 7. And be it further enacted, That if any officer or For neg. person to whom any writ of habeas corpus shall be di- obey the rected, shall refuse to receive the same, or after receipt writ. thereof, shall refuse or neglect to yield such obedience thereto as this act requires (the complainant performing the conditions required) unless prevented by the sickness of the prisoner or other necessity, he, for such refusal or neglect, in each and every particular, shall forfeit to the party aggrieved, the sum of one hundred dollars; and for any false return to such writ, shall be liable to the party return. for his damages. Sec. 8. And be it further enacted, That the court or judge Court may
punish as respectively may further punish every disobedience to po such writs as for a contempt, and compel obedience there-tempt, &o. to by process of attachment.
Sec. 9. And be it further enacted, That no person enlarg- No person ed by writ of habeas corpus shall be again imprisoned or enlarged.
to be again restrained of his liberty for the same cause, unless he shall imprisonbe indicted therefor, or convicted thereof, or shall neg- ed unless, lect to find bail when ordered thereunto by some court of record : Provided, That no penalty established by this Proviso. act shall be construed to bar any action at common law for false imprisonment, or unlawful restraint; and when any person shall be unlawfully carried out of the State, or imprisoned in any secret place, any other person shall be permitted to appear for him, in any action brought in his name, provided such person shall stipulate for the payment of costs, as the court shall direct.
1745, '98, An act regulating the proceedings in replevin. 1822.
Section 1. Be it enacted by the General Assembly, and by the Goods distrained, authority thereof it is enacted, That when any goods or
may be chattels shall be taken, distrained or attached, which shall replevied.
be claimed by a third person, and the person thus claiming the same shall think proper to replevy them, in case
such goods and chattels are of the value of more than Writ to is- twenty dollars, he may take out and prosecute his writ
from of replevin from the clerk's office of the court of common c. c. pleas.
pleas in the county where the goods and chattels are thus
We command you, that you replevy the goods and chattels following, viz:
(Here enumerate and particularly describe them) belonging to
now taken, detained or attached (as the case may be) by
aforesaid, and them deliver unto the said
provided the same are not taken and detained upon mesne process, warrant of distress, or upon execution, as the property of the said
and summon the said
that he appear before our justices of our said court of common pleas, next to be holden at
within and for our said county of
unlawfully, and without any justifiable cause, took the goods and chattels
as aforesaid, and them unlawfully detained to this day, to the damage of the said Plaintiff in as he says, dollars; provided he the said replevin to shall give bond to the said give bond.
ty or sureties, in the sum of dollars, being twice the value of said goods and chattels, to prosecute the said writ of replevin to final judgment, and to pay such damages and costs as the said
shall recover against him; and also to return and restore the same goods and chattels, in like good order and condition as when taken,
of thered to this day, toris provided he vith sufficient