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§5525. Form of writ if restraint not by officer


Published: 2015

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§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.] "To the sheriffs of our several counties and their respective deputies,
Greeting.


"We command you, that you take the body of C.D., of ...., imprisoned and restrained
of his liberty, as it is said, by A.B., of ...., and have him before our Supreme Judicial"
(or Superior) "Court, held at ...., within and for our County of ...., immediately
after receipt of this writ, to do and receive what our court shall then and there
consider concerning him in this behalf; and summon the said A.B. then and there to
appear before our said court, to show cause for taking and detaining said C.D., and
have you there this writ with your doings thereon.




"Witness, .... ...., Esquire, our ...., at ...., this ... day of ...., in the year
19.... ...., Clerk."