day of then and there to 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 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: L. S. [Forcible Entry and Detainer.] [Form of Warrant to Sheriff to summon a Jury.] S ss. State of Maine. Form of werrant to summon a Jury in and detainer. To the Sheriff of the County of S, forcible entry acres 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, that E. F. of yeoman, upon the day of at 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 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 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 County 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 described. Given. under our hands and seals the day of, in the year of our Lord R. S. Justices of the Peace, N. O.S quorum unus. [Forcible Entry and Detainer.] [Form of Summons to the party complained against.] L. S. S ss. State of Maine. Summons to the party complained To the Sheriff of our County of S, against. Greeting, We command you that you summon E. F. of to appear 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 our Lord [Forcible Entry and Detainer.] [Form of Writ of Restitution.] N. O. R. S. Writ of restitution. State of Maine. L. S. S ss. To the Sheriff of our County of S———, S Greeting. Preamble. Who are enti Whereas at a Court of Inquiry of forcible entry and detainer, held at D. in our County of S, upon the day of in in the 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 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 cents more for this writ and your own fees, and for want of such goods, chattels or lands of the said E. F. by you found, you are commanded 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 until he shall pay the sum aforesaid, together with all fees arising 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 in the year of our Lord [Approved March 19, 1821.] day of R. S. N. O. 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: SEC. 1. BE it enacted by the Senate and House of Representahabeas corpus, tives, in Legislature assembled, That any person imprisoned in tled to writ of applying for it. Sup. J. Court, grant the writ, any common gaol, or otherwise restrained of his personal lib- and mode of erty 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, 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 Court or Judge in term time, and the said Judge in the vacation, here- or any Judge by are respectively authorized and required to award a writ thereof may of habeas corpus, directed to the officer or person imprisoning or restraining the complainant, returnable forthwith to returnable to such Court or Judge who awarded the same, or to any other any Judge Judge of said Court; except the complaint be in favor of persons committed for treason or felony, or for suspicion Persons confinthereof, or as accessary to the latter before the fact, plainly ed for certain and specially expressed in the warrant of commitment, or not allowed the 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 But said Court or Judge may the said Supreme Judicial Court, in term time, or any one or bail for any of more Judges thereof in the vacation, from bailing any person cases excepted. 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, agreeably to, and for the causes mentioned in the Constitution, always excepted. said Court, or thereof. offences, &c. writ? fence, special to be issued in SEC. 2. Be it further enacted, That such writ, when award- Form of writs ed by the said Court, shall be signed by the Clerk, tested by different cases 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 complainant shall be brought; and the form of such writ when awarded by the Supreme Judicial Court, shall be as follows, viz. (L. S.) SSS. State of Maine. Greeting. in our We command you that the body of A. B. of prison, under your custody, [or by you imprisoned and restrained of his liberty, as the case may be,] as it is said, to Duty of those to whom the and nature of made. gether with the day and cause of his taking and detaining, by day of in the year Clerk. of And the like form shall be used by the Judge, mutatis mutandis, when such writ shall be awarded by him. SEC. 3. Be it further enacted, That when any person shall writ is directed bring and offer such writ of habeas corpus to the officer or the return to be person to whom the same shall be directed, he shall receive the same; and upon payment or tender of such charges for 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. In certain cases returnable be may be return and vice versa in case of ad journmeut of Court. SEC. 4. Be it further enacted, That if after the awarding of if writ be made such writ by any Judge of the said Supreme Judicial Court, fore a Judge it in the vacation, but before the return thereof, the said Court ed to the Court; 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 time 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. On return of the writ, Court within 3 days SEC. 5. Be it further enacted, That when any person shall be brought by writ of habeas corpus as aforesaid, before the or Judge must said Court, or any Judge thereof, such Court or Judge shall proceed to ex- within three days after proceed to examine the said causes; hail or commit, and if committed for an offence or cause bailable by law, they as case may re-shall bail him by recognizing him with sufficient surety or sureties in a reasonable sum having regard to his quality and circumstances, and the nature of the offence, to appear at such amine, &c. and quire. 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 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. officer, if he do prisoner, in 6 SEC. 6. Be it further enacted, That if any officer, in whose Penalty on an custody any prisoner shall be, shall not within six hours after not deliver his demand made, deliver such prisoner a true copy of the war- hours, a copy rant or process by which he stands committed, such officer of warrant, &c. shall forfeit to the party grieved, the sum of two hundred holden. dollars. by which he is If any minor U. S. army any Judge of S. Common Pleas SEC. 7. Be it further enacted, That if any minor, under the age of twenty-one years, shall be hereafter enlisted within be enlisted into this State, into the army of the United States without the con- without consent sent in writing, of his parent, guardian or master, either of of parents, &c. the Justices of the Supreme Judicial Court, or of the Circuit J. Court or C.C. Court of Common Pleas, are hereby respectively authorized shall issue haand required on application therefor, to award a writ of beas corpus on habeas corpus returnable forthwith, directed to the officer or therefor: person restraining such minor; and such Justice or Judge is hereby authorized and required, after a full hearing of the parties who shall appear before him, to discharge such minor so enlisted. be writ. SECT. 8. Be it further enacted, That the Justice or Judge Proceedings to aforesaid is hereby authorized and empowered to inquire into whad on such the causes of the imprisonment or restraint of any person brought before him, on such writ of habeas corpus, the return of the officer or person on said writ to the contrary notwithstanding. person to whom rected, for not it-or SEC. 9. Be it further enacted, That if any officer or person, Penalty against to whom any writ of habeas corpus shall be directed shall re- the writ is difuse to receive the same, or, after receipt thereof, shall refuse receiving and or neglect to yield such obedience thereto as this Act re-making a false quires, (the complainant performing the conditions required,) return. 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 grieved the sum of four hundred dollars; and for any false return to such writ shall be further liable to the action of the party. punish disobe. writ as a co tempt. SEC. 10. Be it further enacted, That the Court or Judge Court or Judge respectively may further punish every disobedience to such may further writs as for a contempt, and compel obedience thereto, bydience to such process of attachment. And in order to prevent any attempts that might be made to deprive any prisoner of the benefit of his habeas corpus, by shifting the custody of such prisoner from one prison or officer to another or sending him away: SBC. 11. Be it further enacted, That every person duly |