534:1 Right. – A person imprisoned or otherwise restrained of his personal liberty, by an officer or other person, except in the cases mentioned in the following section, is entitled of right to a writ of habeas corpus according to the provisions of this chapter. Source. RS 202:1. CS 215:1. GS 224:1. GL 243:1. […]
534:10 How Returnable. – The writ, when issued by the court, may be made returnable to the court or a justice thereof in any county immediately, or at a time and place therein directed. Source. RS 202:10. CS 215:10. GS 224:10. GL 243:10. PS 239:10. PL 350:10. RL 406:10.
534:11 When Issued by Justice. – If the writ is issued by a justice of the court it may be made returnable before himself, the court or any justice thereof at a place certain, immediately or at other time therein directed. Source. RS 202:11. CS 215:11. GS 224:11. GL 243:11. PS 239:11. PL 350:11. […]
534:12 Mode of Return. – In all cases the writ shall be made returnable in such mode as to secure to the applicant the enjoyment of it in the most free, easy, cheap and expeditious manner. Source. RS 202:12. CS 215:12. GS 224:12. GL 243:12. PS 239:12. PL 350:12. RL 406:12.
534:13 Security; Expenses. – The court or justice awarding the writ may, in his discretion, require the applicant to give satisfactory security to the person to whom the writ is directed, for the payment of all charges incurred by reason of the process, and that the person imprisoned shall not escape by the way. […]
534:14 Service. – The service of the writ may be made by any person, by delivering the original to the person to whom it is directed, or, if the person for whom application is made is in prison, by leaving it with the jailer or deputy keeper at the prison, and paying or tendering […]
534:15 Return of Service. – The person making the service shall keep a copy of the writ, and shall make his return or affidavit of service and of the payment or tender of fees thereon as in other cases, and shall deliver it to the court or justice before whom the writ is returnable, […]
534:16 Return of Writ. – The person to whom the writ is directed shall receive it when offered, and, upon payment or tender of the sum indorsed on the writ, if any, shall yield obedience to the command thereof; shall make return thereof to the court or justice, at the time and place therein […]
534:17 Time. – If no time is specified for the return, but the writ is returnable immediately, the return shall be made within three days after the service, unless the prisoner is to be brought more than twenty miles, in which case the return shall be made within so many days more as will […]
534:18 Place. – If the court is not in session when any such writ is made returnable it shall be returned to any justice of the court as if it were issued by and returnable to him. Source. RS 202:19. CS 215:19. GS 224:19. GL 243:19. PS 239:19. PL 350:18. RL 406:18.
534:19 Adjourning to Court. – A justice of the court to whom any such writ is returned may certify and return it, with all things pertaining thereto, to the court, if then sitting; and, at any time before the prisoner is discharged, bailed or remanded, he may adjourn further proceedings on the writ to […]
534:2 Limitation on. – Persons imprisoned upon legal process, civil or criminal, in which the cause of the imprisonment is distinctly expressed, and persons committed by a court or judge of the United States, and where no judge of a court of this state has authority to discharge or to commit to bail, are […]
534:20 Orders. – The court or justice may require and take security by recognizance, with sufficient sureties if necessary, for the appearance of any party at the time and place of hearing on any such writ, and to abide the order of court thereon; and may make all decrees necessary to insure the attainment […]
534:21 Hearing. – Whenever any person is brought before a court or any justice thereof as aforesaid the court or justice shall, within three days thereafter, examine the causes of detention. Source. RS 202:21. CS 215:21. GS 224:21. GL 243:21. PS 239:21. PL 350:21. RL 406:21.
534:22 Judgment. – If the person imprisoned or restrained is so imprisoned or restrained without sufficient cause or due order of law, he shall be discharged; but if otherwise he shall be remanded. Source. RS 202:22. CS 215:22. GS 224:22. GL 243:22. PS 239:22. PL 350:22. RL 406:22.
534:23 Bail, Crimes. – If the person is committed for a bailable offense the court or justice may bail him by ordering him to recognize, with sufficient surety or sureties, in a reasonable sum, for his appearance at the court having cognizance of the offense, and shall certify the recognizance into the court. Source. […]
534:24 Repealed by 1971, 227:18, eff. Aug. 17, 1971. –
534:25 Contempt. – If the person is imprisoned or restrained by order of a justice, or of any court or authority other than the supreme or superior court or a justice thereof, for contempt, the proceedings in the order and the cause thereof may be revised, and the order affirmed, modified or reversed by […]
534:26 Copy of Process. – If an officer having the custody of a prisoner, on payment or tender of his fees therefor, shall not, within 12 business hours after demand made, deliver to the prisoner a true copy of the warrant or process by which he is holden in custody he shall forfeit to […]
534:27 Disobeying Writ. – If a person to whom a writ of habeas corpus is directed refuses to receive it, or conceals himself or avoids, so that the writ cannot be delivered to him, or, after the receipt thereof, and payment or tender of expenses when required as aforesaid, he refuses or neglects to […]
