§7351. Availability of writ; court of issue If any person is imprisoned, restrained of his liberty or held in duress, unless by a lawful writ, warrant or other process, civil or criminal, he may have the writ for replevying the person, on complaint filed by himself or anyone in his behalf in the Superior Court, […]
§7352. Issuance and service The writ described in this chapter shall issue from and be returnable to the Superior Court in the county where the plaintiff is confined, and be directed to a proper officer and served as soon as may be, 14 days at least before the return day.
§7353. Form of writ The form of the writ shall be as follows: “STATE OF MAINE. [L.S.]”…., ss. To the sheriff of our County of …., or his deputy, Greeting. “We command you, that without delay you cause to be replevied, C.D., who, as it is said, is taken and detained in a place called […]
§7354. Bond before writ issues No person shall be delivered by such writ described in this chapter until a bond is given by the plaintiff or person suing in his behalf, to be returned to the court with the writ, for the sufficiency of which the officer shall be answerable, as in case of bail […]
§7355. Judgment If the plaintiff maintains his action, he shall be discharged and recover his costs; but if not, the defendant shall recover his costs and such damages as the jury assess; or if the defendant is defaulted or the parties consent, the court may assess the damages.
§7356. Defendant entitled to custody of plaintiff If it appears that the defendant is bail for the plaintiff or that, as his child, ward, apprentice or otherwise, he is entitled to his custody, he shall have judgment for a redelivery of his body, to be held or disposed of according to law.
§7357. Plaintiff eloigned; defendant arrested; bail If it appears that the defendant has eloigned the plaintiff’s body so that the officer cannot deliver him, the court, on motion, shall issue a writ of reprisal to take the defendant’s body and him safely keep so that he may be at the next term of the court, […]
§7358. Defendant imprisoned; writ of reprisal; suggestion of plaintiff’s death The defendant may traverse the return on the writ for replevying the plaintiff and if it appears that he is not guilty of eloigning the plaintiff, he shall be discharged and recover costs; but if he does not traverse it, or if on such traverse […]
§7359. Production of plaintiff; release of defendant If the defendant, after the return of eloignment, produces the body of the plaintiff in court, the court shall deliver him from imprisonment, upon his giving the defendant such bond as hereinbefore in this chapter directed to be taken by the officer when the plaintiff is delivered by […]
