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圖書

writ of replevin for goods taken, &c. of more

than twenty dollars value

writ of restitution on judgment of Jus. of Peace 314

writ for replevying a person, lawfully committed 316

when held without

12. Form of proceedings in forcible entry and detainer

warrant to summon a Jury

summons to party complained against

writ of restitution

CHAP. LXIV.

An Act directing the Process in Habeas Corpus

SEC. 1. Persons imprisoned, restrained, &c. entitled to writ of

Mode of applying for writ, &c. to Judge of Sup. Jud.

Sup. J. Court, or any Judge thereof may grant writ

returnable forthwith to either

Persons imprisoned for certain offences, &c. not al-

But said Court or Judge may bail for any offences,

special cases excepted

2. Form of writ of habeas corpus, in different cases

3. Duty of those to whom writ is directed, and nature
of return required

4. Writ awarded by Judge may be returned to Court,

and vice versa in certain cases, when returnable to

ib.

5. On return of writ, Court or Judge to examine, &c.

within three days and bail or discharge, as the

case may require

6. Penalty if officer do not deliver prisoner in 6 hours

after demand, copy of warrant, &c. by which he

7. Minor enlisted into U. S. army without consent of

parents, &c. entitled to writ of habeas corpus from

any Judge of Sup. J. Court or Com. Pleas

8. Proceedings to be had on such writ

SEC. 9. Penalty for person disobeying or making false re-
turn of writ directed to him

10. Court or Judge may further punish such disobedience

11. Persons ordered to be committed, to be carried to

common gaol, forthwith, and not confined elsewhere

Penalty for removing prisoners without habeas cor-

pus

12. Persons discharged on habeas corpus, not to be again.

restrained for same cause, unless, &c.

Penalties in this law not to prevent recovery of dam-

ages at common law

Any other person may appear for one secreted, &c.

stipulating for costs

An Act relating to the Writ of Audita Querela, and the proceed-

325

ib.

SEC. 1. Writ of audita Querela, how and from what Courts

2. Writ to be endorsed, &c.

3. Mode of service, &c.

4. May be issued as attachment with summons, form, &c. ib.

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An Act establishing the right to the Writ for replevying a Person 328

SEC. 1. Who shall be entitled to the writ, when confined, im-

2. Writ to issue from Sup. J. Court for persons commit-
ted for crimes, &c.

In other cases, from Court of Com. Pleas

Proceedings thereupon in S. J. Court, and C. Pleas

3. Judgment, in what cases, for damages, costs, or re-

4. On return of Sheriff that defendant has eloined plain-

tiff's body, what proceedings to be had, in wither-

ib.

5. Any person may be permitted to appear for plaintiff,

stipulating for damages

An Act regulating Bail in Civil Actions

SEC. 1. Officer to return bail bond with the writ to the Court

or Justice

Name of bail to be inserted in margin of execution

Officer to notify bail, &c. 15 days before return day

Officer's fees therefor

Bail may commit principal to common gaol

Duty of gaoler to receive such person committed

Provisions as to the effect and time of the foregoing

2. Bail may be discharged by bringing principal into

Court before final judgment

Bail liable for judgment, &c. if principal avoid

Return of avoidance, of no effect, unless execution

ib.

is in officer's hands thirty days before return day ib.

3. Plaintiff may have scire facias against bail, and judg-

ment, unless bail surrender principal, pay costs,

&c. before judgment

Debtor discharged from gaol, unless taken in execu-
tion in 15 days after surrender

ib.

4. Proceedings in case of bail in actions before a Jus-

tice of the Peace

5. Bail may bring principal before Justice, and pro-
cure officer to attend

ib.

Justice may commit him to such officer, and bail be

discharged, paying costs

6. Justice to give mittimus to officers, and form thereof

Debtor to be discharged, if not taken in execution in

7. Penalty for officers refusing, and fees for attending,

8. Limitation of scire facias against bail, to one year 336

9. Remedy of bail against principal, by action on the

case for damages, &c.

An Act respecting Bailable Offences

SEC. 1. Persons committed for bailable offences may be ad-

mitted to bail by Court of Com. Pleas, or any Jus-

or by two Justices of the quorum

Extent of such power to bail, &c.

ib.

An Act directing and regulating the process of Outlawry

SEC. 1. Persons liable to the process of outlawry

ib.

Form of writ and nature of proceedings in outlawry ib.

2. Person absconding, after having pleaded to an indict-

ment, &c. to be liable to process

3. If non est inventus be returned on capias, and alias
issued in the Com. Pleas, no like process need
issue in S. J. Court

ib.

4. Capias from S. J. Court how and when to be return-

5. Persons against whom judgment of outlawry is in
force, how far disqualified

ib.

6. Real estate of person outlawed, bound to respond
judgment as to fine and costs

ib.

7. Estate of persons recognizing to State, bound, &c. al-
though alienated

ib.

8. Proceedings when person outlawed appears in Court

and confesses or traverses

An Act for regulating Marriage, and for the orderly solemniza-

SEC. 1. Degrees, within which marriages are void, as inces-

2. Marriages, when either party has a former husband

or wife living at the time, or between white person

and negro, Indian or mulatto, void

3. Justices of the Peace, and Ministers commissioned

thereto, may solemnize marriages

Consent of parents or guardian necessary in cer-

Publishment to be in adjoining town in case

6. If banns are forbidden, &c. what proceedings to be

7. Penalty for defacing, or pulling down publishments
Penalty for marrying persons contrary to law
Punishment for presuming to solemnize marriages,
not being authorized

8. Justices and Ministers to keep record of marriages

and make return to town Clerk,-under penalty

342

ib.

ib.

343

SEC. 9. Marriages, allowed among Quakers, according to

Clerk of their meetings to make return of marriages

to town Clerk

Penalty for neglect

ib.

An Act regulating Divorces

SEC. 1. S. J. Court to decide all questions of divorce and

2. Libel to be filed in Clerk's office, and notice to be

3. Divorces from bond of matrimony, in what cases to

-from bed and board

4. In case of collusion, or adultery in both parties, no

divorce to be decreed

5. When divorce is for affinity, consanguinity or impo-
tency, wife shall have all her lands restored to
her, and such of her personal estate, as Court may
determine equitable

Court may compel husband to disclose, on oath,
amount of property received

When divorce is decreed for adultery of husband,
wife to have dower in his lands, and all the real
estate held in her right, and all or part of person-
al estate received by her, as Court may order

Alimony may be also allowed, if these be insufficient

In divorce for adultery of wife, what lands, &c. hus-

band shall hold

Provision for support of wife out of personal estate

In divorce for cruelty or desertion of husband, what

proceedings as to property

On application of either party, Court may make al-
terations as to alimony, restorations, &c. if neces-
sary

In case of libel filed by wife for divorce from bed
and board, and served on husband, his lands, &c.
held to answer, &c. in case divorce be decreed
In case of divorce, thereupon decreed, what proceed-
ings to be had as to property

for cruelty of wife what proceedings, &c.

ib.

ib.

ib.

ib.

ib.

347

ib.

6. Punishment for cohabiting or living in same house,
after being divorced from bond of matrimony
Decree of divorce for adultery, not evidence to de-
prive children of their inheritance

ib.

ib.

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