US Lawyer Database

14 §5522. Notice to interested persons before discharge

§5522. Notice to interested persons before discharge When it appears that the party is detained on any process under which any other person has an interest in continuing such imprisonment or restraint, the party shall not be discharged until notice has been given to such other person or his attorney, if within the State or […]

14 §5523. Proceedings in court

§5523. Proceedings in court The party imprisoned or restrained may deny allegations of fact in the return or statement and may allege other material facts. The court or justice may, in a summary way, examine the cause of imprisonment or restraint, hear evidence produced on either side, and if no legal cause is shown for […]

14 §5509. Minors in armed forces entitled to writ

§5509. Minors in armed forces entitled to writ A minor enlisted within the State into the Army or Navy of the United States without the written consent of his parent or guardian shall have all the benefits of this chapter on the application of himself, parent or guardian.  

14 §5525. Form of writ if restraint not by officer

§5525. Form of writ if restraint not by officer In cases of imprisonment or restraint of personal liberty by any person not a sheriff, deputy sheriff, constable, jailer or marshal, deputy marshal or other officer of the courts of the United States, the writ shall be in the following form, viz: “STATE OF MAINE. [L.S.] […]

14 §5510. Parent or guardian of minor may have writ

§5510. Parent or guardian of minor may have writ The parent or guardian of any minor imprisoned or restrained of his liberty shall be entitled to the writ of habeas corpus for him, if he would be entitled to it on his own application.  

14 §5526. Issuance and service of writ

§5526. Issuance and service of writ The writ described in section 5525 may be issued by the Supreme Judicial Court or Superior Court sitting in any county in which the person in whose behalf application is made is restrained or by any justice thereof, the form to be varied so far as necessary when issued […]

14 §5511. Application for writ on behalf of another

§5511. Application for writ on behalf of another The Supreme Judicial Court or the Superior Court or any justice of either of said courts, on application of any person, may issue the writ of habeas corpus to bring before them any party alleged to be imprisoned or restrained of his liberty but not convicted and […]

14 §5527. Designation of unknown person; restraining person

§5527. Designation of unknown person; restraining person The person having custody of the prisoner may be designated by the name of his office, if he has any, or by his own name; or if both are unknown or uncertain, he may be described by an assumed name. Anyone served with the writ shall be deemed […]

14 §5512. Writ not available

§5512. Writ not available The following persons shall not of right have such writ:   1.  Persons committed to jail for certain offenses.  Persons committed to or confined in prison or jail on suspicion of treason, felony or accessories before the fact to a felony, when the same is plainly and specifically expressed in the […]