and him there to hold irrepleviably in one of our gaols in our said county of Suntil he shall produce the body of the said C. D. or is discharged by order of law. Witness, Esq. at B. the day of

Lord

in the

year

of our

Clerk.

SEC. 11. Be it further enacted, That in all civil causes, pending in any Court, the subpoena to witnesses shall be in the form following, to wit:

[Subpoena for Witnesses.]

Sss. To A. B. of C. [addition]

day of

Greeting.

Subpoena for

You are hereby required in the name of the State of Maine, to make your appearance before the Justices of the witnesses. next to be holden at B. within and for the county of S. on the to give evidence of what you know relating to an action or plea of then and there to be heard and tried betwixt A. B. of C. [addition] plaintiff, and D. E. of E. [addition] defendant. Hereof fail not, as you will answer your default under the pains and penalty in the law in that behalf made and provided. Dated at B. the day of, in the year of our Lord

A. D. Clerk. SEC. 12. Be it further enacted, That in all proceedings in forcible entry and detainer, the warrant to summon a jury, the summons to the party complained against, and the writ of restitution shall be in the forms following, to wit:

[Forcible Entry and Detainer.]

[Form of Warrant to Sheriff to summon a Jury.]

at

Form of war

rant to sum

mon a Jury in

forcible entry

Whereas complaint is made to us the subscribers, two of the Justices of the Peace for and within the county of S. quorum unus, by A. B. of D. in the same county, gentleman, and detainer. that E. F. of yeoman, upon the day of ― D. aforesaid, with force and arms, and with a strong hand, did unlawfully and forcibly enter into and upon a tract of land of him the said A. B. at D. aforesaid, containing acres bounded as follows, viz. (or into the messuage or tenement of him the said A. B. as the case may be) and him the said A. B. with force and a strong hand as aforesaid, did

Summons to the party com plained

against.

Writ of restitution.

expel and unlawfully put out of the possession of the same,
[or if it is a forcible detainer only, then the entry shall be
described and the detainer inserted as follows:] and him the
said A. B. does unlawfully, unjustly, and with a strong hand,
deforce and still keep out of the possession of the same.
You are therefore commanded in behalf of the said State, to
cause to come before us upon the day of ——— at
in the said county twelve good and lawful men of our coun-
ty
each one of whom having a freehold of the yearly value
of five dollars to be empannelled and sworn to inquire into
the forcible entry and detainer (or the detainer) afore de-
scribed. Given under our hands and seals the day of
in the year of our Lord

[Forcible Entry and Detainer.]

[Form of Summons to the party complained against.] State of Maine.

L. S. Sss. To the Sheriff of our county of S

Greeting.

to ap

9

We command you that you summon E. F. ofpear before the subscribers, two of our Justices of the Peace, within and for our said county of S― quorum unus, at a place called in D in the said county, at

--

o'clock in the -noon, then and there to answer to, and defend against the complaint of A. B. to them exhibited, wherein he complains that [here the complaint shall be recited] and you are to make a return of this writ, with your doings therein unto our said Justices, upon or before the said day. Witnesses, our said Justices, the

day of —

-

N. O.

R. S.

To the Sheriff of our county of S,

Greeting.

Whereas at a Court of Inquiry of forcible entry and detainer, held at D. in our county of S. upon the day of in year of our Lord

before R. S.

and N. O. Esquires, two Justices of the Peace for our said county of S. quorum unus, the Jurors empannelled

and sworn by our said Justices, did return their verdict in
writing signed by each of them, that A. B. was upon the
day of in the rightful possession of a certain
messuage or tract of land [as in the verdict returned] and
that &c. [as in the verdict] whereupon it was considered by
our said Justices, that the said A. B. should have restitution
of the same. We therefore command you, that taking with
you the force of the county, if necessary, you cause the
said E. F. to be forthwith removed from the premises, and
the said A. B. to have the peaceable restitution of the same;
and also that you levy of the goods, chattels or lands of the
said E. F. the sum of - being costs taxed against him on
the trial aforesaid, together with
writ and your own fees, and for want of such goods, chat-.
tels or lands of the said E. F. by you found, you are com-
manded to take the body of the said E. F. and him commit
to our gaol in L. in our said county of S. there to remain un-
til he shall pay the sum aforesaid, together with all fees aris-
ing on the service of this writ, or until he is delivered by
order of law, and make return of this writ, with your doings
therein, within twenty days next coming. Witness, our said
Justices, at D. aforesaid, the

of our Lord

cents more for this

day of

[Approved March 19, 1821.]

in the year

R. S.

N. O.

321

CHAPTER LXIV.

An Act directing the Process in Habeas Corpus.

Whereas the writ commonly called the Writ of Habeas Corpus is a writ of right to which the citizens of this State, by the constitution and the law of the land are at all times entitled, to obtain relief from every wrongful imprisonment, or unlawful restraint of personal liberty:

Preamble.

habeas corpus,

SEC. 1. BE it enacted by the Senate and House of Repre- Who are entisentatives, in Legislature assembled, That any person impris- tled to writ of oned in any common gaol, or otherwise restrained of his and mode of 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,

41

applying for it

or any Judge

thereof may

returnable to

to the Supreme Judicial Court of this State, or to any one Judge of said Court, in term time in any county, or to any one or more of the Judges thereof in the vacation time 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 Sup. J. Court, Court or Judge in term time, and the said Judge in the vacation, hereby are respectively authorized and required to grant the writ, award a writ of habeas corpus, directed to the officer or person imprisoning or restraining the complainant, returnable said Court, or forthwith to such Court or Judge who awarded the same, or any Judge thereof. to any other Judge of said Court; except the complaint be in favour of persons committed for treason or felony, or for suspicion thereof, or as accessary to the latter before the fact, plainly and specially 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 reasonable bail, and persons with regard to whom the benefit of the said writ shall be suspended by the Legislature agreeably to the Constitution: Provided, That nothing in this Act contained shall be construed to hinder or restrain the said Supreme Judicial Court, in term time, or any one or more Judges thereof in the vacation, from bailing any person wherever and for whatever offence committed at their discretion, whenever the circumstances of the case shall appear to require it, persons committed by the Governor and Council, Senate or House of Representatives, agreeable to, and for the causes mentioned in the Constitution, always excepted.

Persons confined for cer

tain offences,

&c. not allow

ed the writ:

But said Court

or Judge may bail for any of fence, special cases except

ed.

Form of writs

different cases.

SEC. 2. Be it further enacted, That such writ, when to be issued in awarded by the said Court, shall be signed by the Clerk, tested by the first Justice who is not party thereto, and sealed with the seal thereof; 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 com

plainant shall be brought; and the form of such writ when awarded by the Supreme Judicial Court, shall be as fol lows, viz.

State of Maine.

(L. s.) SSS. To

Greeting.

We command you that the body of A. B. of, in our prison, under 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 A. B. shall be called or charged, you have before our Justices of our Supreme Judicial Court, holden at B within and for the county of S immediately after the receipt of this writ, to do and receive what our said Justices shall then and there consider concerning him (or her) in this behalf, and have there this writ. Witness, -, Esq. at B. this in the year

of our Lord

day of

Clerk.

And the like form shall be used by the Judge, mutatis mutandis, when such writ shall be awarded by him.

to whom the

ed and nature

SEC. 3. Be it further enacted, That when any person shall Duty of those bring and offer such writ of habeas corpus to the officer or writ is directperson to whom the same shall be directed, he shall receive of the return the same; and upon payment or tender of such charges for to be made. bringing the complainant from the place of imprisonment as the Court or Judge who grants the writ shall order, if the person complaining be confined in a common gaol, or under the custody of an officer, otherwise without such payment or tender, to the place mentioned in the writ, such officer or person shall have the body of the complainant before the Court or Judge before whom the writ is made returnable, (unless committed and detained for some one or more of the causes aforesaid) at the place therein mentioned within three days, if within twenty miles from the place of imprisonment; if more than twenty but within one hundred miles, then within ten days; if above one hundred miles, then within twenty days after the receipt thereof and shall then return the same, and certify thereon the true and all the cause or causes of his or her taking and detaining.

SEC. 4. Be it further enacted, That if after the awarding In certain of such writ by any Judge of the said Supreme Judicial be made re

cases if writ