§5521. Examination of causes of restraint On return of the writ, the court or justice, without delay, shall proceed to examine the causes of imprisonment or restraint, and may adjourn such examination from time to time.
§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 […]
§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 […]
§5524. Detention for bailable offense; admission to bail (REPEALED) SECTION HISTORY PL 1981, c. 456, §A54 (AMD). PL 1987, c. 736, §15 (AMD). PL 1987, c. 758, §5 (RP). PL 1989, c. 502, §A39 (RP).
§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.] […]
§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 […]
§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 […]
§5528. — restrained person The person restrained shall be designated by his name, if known; if unknown or uncertain, in any other way so as to make known who is intended.
§5529. Form of return In cases under section 5518, the person who makes the return, and in cases under section 5525, the person in whose custody the prisoner is found, shall state in writing to the court or justice before whom the process is returned, plainly and unequivocally: 1. Whether party in custody. Whether […]
§5530. Verification of returns Such return or statement shall be signed and sworn to by the person making it, unless he is a sworn public officer and makes and signs his return in his official capacity.
§5531. Custody of party The party may be bailed to appear from day to day until judgment is rendered or remanded or committed to the sheriff or placed in custody, as the case requires.
§5532. Neglect of officer to deliver copy of precept An officer forfeits $200 to a prisoner if the officer refuses or neglects, within the time period provided in subsection 1 or 2, to deliver a true and attested copy of the warrant or process by which the officer detains a prisoner to any person who […]
§5533. Failure to serve writ; contempt If any person or officer to whom such writ is directed refuses to receive it or neglects to obey and execute it as required, and no sufficient cause is shown therefor, he forfeits to the aggrieved party $400. The court or justice before whom the writ was returnable shall […]
§5534. Attachment against sheriff; service If such attachment is issued against a sheriff or his deputy, it may be directed to any person therein designated, who shall thereby have power to execute it, and the sheriff or his deputy may be committed to jail on such process in any county but his own.
§5535. Refusal to obey writ If the person to whom the writ is directed refuses to obey and execute it, the court or justice may issue a precept to any officer or other person therein named, commanding him to bring the person for whose benefit the writ was issued before such court or justice. The […]
§5536. No rearrest after discharge No person discharged by post-conviction review, except as provided in Title 15, chapter 305-A, shall be again imprisoned or restrained for the same cause, unless indicted therefor, convicted thereof or committed for want of bail; or unless, after a discharge for defect of proof or some material defect in the […]
§5537. Transfer of prisoner with intent to elude service; penalty A person ordered to be committed to prison on a criminal charge shall be carried to such prison as soon as may be and shall not be delivered from one officer to another except for easy and speedy conveyance; nor removed without his consent from […]
§5538. Penalty no bar to action No penalty established by this chapter shall bar any action at common law for damages for false imprisonment.
§5539. Third person may appear by stipulating for costs When a person is unlawfully carried out of the State or is imprisoned in a secret place, any other person may appear for him in an action therefor in his name, who shall stipulate for the payment of costs as the court orders.
§5540. Bail; exceptions (REPEALED) SECTION HISTORY PL 1987, c. 758, §6 (RP).
