534:28 False Return. – If a person makes a false return to any such writ he shall be liable to the action of the party aggrieved, and also to any action at common law for false imprisonment or unlawful restraint. Source. RS 202:27. CS 215:27. GS 224:28. GL 243:28. PS 239:28. PL 350:28. RL […]
534:29 Enforcement. – The court or justice awarding any such writ, or to whom it is returned, may punish every disobedience to the order thereof as for a contempt, and may compel obedience thereto by process of attachment. Source. RS 202:28. CS 215:28. GS 224:29. GL 243:29. PS 239:29. PL 350:29. RL 406:29.
534:3 Application. – Application for the writ shall be made to the superior court in the county in which the person is imprisoned, by a person so imprisoned or restrained, or by some person in his behalf. Source. RS 202:3. CS 215:3. GS 224:3. GL 243:3. PS 239:3. PL 350:3. RL 406:3. RSA 534:3. […]
534:30 Reimprisonment. – No person enlarged by habeas corpus shall again be imprisoned or restrained of his liberty for the same cause, unless he shall be indicted therefor, or convicted thereof, or shall neglect to appear according to his recognizance, or to find bail when required thereto; and if an officer or other person […]
534:31 Limitation of Actions and Prosecutions. – All actions and prosecutions for any offense against the provisions of this chapter shall be begun within two years next after the commission of the offense, saving to all persons in prison the right to sue or prosecute at any time within two years after such impediment […]
534:32 Survival of Right of Action. – The right of action in any such case shall not cease by the death of either party, but shall survive for and against the personal representatives of the deceased. Source. RS 202:31. CS 215:31. GS 224:32. GL 243:32. 1885, 11:1. PS 239:32. PL 350:32. RL 406:32.
534:4 Form. – The application shall be in writing, signed by the applicant, and under oath, and shall state the place where the person is supposed to be imprisoned or restrained of his liberty, and by whom; and a copy of the warrant or precept, if any, under which he is confined shall be […]
534:5 Denial. – If by such copy it appears that the person is lawfully imprisoned or restrained of his liberty by virtue thereof, a writ of habeas corpus shall not be granted. Source. RS 202:5. CS 215:5. GS 224:5. GL 243:5. PS 239:5. PL 350:5. RL 406:5.
534:6 Excessive Bail. – If by such copy it appears that the person is imprisoned on criminal process before a magistrate for want of recognizance, and that excessive bail or recognizance is required, the court or justice shall decide what bail is reasonable, and he shall, on giving such bail, be discharged. Source. RS […]
534:7 Copy of Precept. – If an officer having the custody of any such person by virtue of a precept refuses or delays unnecessarily to deliver to the applicant an attested copy of the precept, on demand, the court or justice, on proof by affidavit of the applicant or other credible witness of the […]
534:8 Writ. – The form of writ may be substantially as follows: THE STATE OF NEW HAMPSHIRE ………. ss. To: ………. [L. S.] We command you that the body of ………., in our prison, under your custody detained [or, by you imprisoned and restrained of his liberty, as the case may be], as is […]
534:9 Attestation. – The writ, when awarded by the court, shall be under the seal of the court, shall bear teste of the chief or senior justice who is not a party, and shall be signed by the clerk; when awarded by a justice of the court it shall be under his hand and […]
