1921, 65, § 6. SECT. 4. The complainant, in his writ, may also set forth and CHAP. 141. declare for any special damages, he may have suffered, by means Special damaof the service of such execution; and, on proof of such damages, he ges. shall have judgment and execution for the same, in like manner, as he could recover them in a subsequent suit, and instead of such mode. SECT. 5. The defendant may plead the general issue, of not Pleadings. guilty, with or without a brief statement, as the case may require, tions. or plead any special matter in bar: and exceptions may be alleged 1821, 65,§ 7, 8. to the rulings, instructions and opinion of the court, as prescribed in case of civil actions, unless by law an appeal is allowable. Filing excep prison. SECT. 6. When the plaintiff is in prison, by virtue of such Proceedings, if execution, the court, before which such action is brought, may admit plaintiff be in him to bail, to be approved by the court; and the bond shall be 1821, 65, § 9. conditioned, that, if final judgment be rendered for the defendant, the complainant shall, within thirty days after such judgment, surrender himself to the jail keeper to be detained on the execution, or, within that time, satisfy the same execution, and also such final judgment, as shall be rendered for the respondent. SECT. 7. If the plaintiff shall surrender himself to jail, he shall be in lawful custody on such execution, and there detained until discharged according to law. Effect of a sur render to jail. 1821, 65, 9. SECTION 1. If any person is imprisoned, restrained of his liberty, or held in duress, unless by force of a lawful writ, warrant or other process, civil or criminal, issued by a court of competent authority, he shall be entitled as of right, to the writ for replevying a person, and to be thereby delivered in the manner herein provided. Who is entitled to the writ. 1821, 66, § 1. Service. SECT. 2. The writ shall be issued from, and returnable to the From what district court in the county in which the plaintiff is confined; and court to issue. shall be directed to the sheriff, or coroner, of such county, as the 1821, 66, § 2. case may require, and shall be served as soon as may be, and four- 11 Mass. 271. teen days before the return day. SECT. 3. The writ shall be in the form heretofore established, Form of the writ. CHAP. 142. except that the proviso shall be as follows: "provided that the said 1821, 66, § 2. A. B." (the plaintiff,) "shall, before his deliverance, give bond to the defendant, in such sum as you shall judge reasonable, and with two sufficient sureties, with condition to appear at said court to prosecute his replevin against the defendant, and to have his body there to be redelivered, if thereto ordered by the court, and to pay all such damages and costs, as may be awarded against him; and, if the plaintiff is delivered by you, at a day before the sitting of said court, you are to summon the defendant to appear at said court." SECT. 4. No person shall so be delivered by such writ, until a bond shall be given, as prescribed in the preceding section; and the bond shall be returned to the court with the writ. Bond to be giv en. 1821, 66, § 2. Officer responsible for the sureties. 1821, 66, § 2. What judg SECT. 5. The officer, serving the writ, shall be answerable for the sufficiency of the sureties in like manner, as he is answerable for taking insufficient bail in a civil action. SECT. 6. If the plaintiff shall maintain his action, by proving ment, if action the alleged unlawful imprisonment or restraint, he shall be discharged, and recover his costs. be maintained. What judgment, if not maintained. 1821, 66, § 3. What judgment, if defend ant be entitled to custody of the plaintiff. 13 Maine, 408. If defendant have eloigned may be arrest ed. 1821, 66, § 4. He may give Discharge, and costs, if not SECT. 7. If he shall not maintain his action, the defendant shall recover his costs and such damages as the jury may assess, or the court, if the parties consent, or in case of a default. SECT. 8. If it shall appear, that the defendant is bail for the plaintiff, or that, as his child, ward, apprentice or otherwise, he is entitled to the custody of the plaintiff, he shall have judgment for a redelivery of the body of the plaintiff, to be held or disposed of, according to law. SECT. 9. If it shall appear, that the defendant has eloigned the plaintiff's body, so that the officer cannot deliver him, the court shall, on motion in behalf of the plaintiff, issue a writ of reprisal to take the body of the defendant, and him safely keep, so that he may be at the then next term of the court, to traverse the return of the said writ for the replevying the plaintiff. SECT. 10. The defendant may be enlarged, by giving bail in such sum as the officer shall require, with two sufficient sureties, for his appearance at court. SECT. 11. At such court, the defendant may traverse the return guilty of eloign- on the writ for replevying the plaintiff; and, if it shall appear, that he is not guilty of eloigning the plaintiff, he shall be discharged and recover his costs. ing. 1821, 66, § 4. If guilty, to be imprisoned. 1821, 66, § 4. Form of writs of reprisal. 1821, 66, § 4. Discharge of defendant, on SECT. 12. If such return shall not be traversed, or if, upon such traverse, it shall appear, that the defendant is guilty of eloigning the plaintiff, an alias writ of reprisal shall issue; and, thereupon, he shall be committed to the common jail, there to remain, irrepleviable, until he shall produce the body of the plaintiff, or prove his death. SECT. 13. The aforesaid writs shall be substantially in the form heretofore established, and used for the same in this state. SECT. 14. The defendant, after having been committed on an alias writ of reprisal, may suggest the death of the plaintiff; and proof of plain the court shall empannel a jury to try the fact, at the expense of the defendant; and, if the death is proved, the defendant shall be discharged. tiff's death. 1821, 66, § 4. duced. SECT. 15: If the defendant shall, at any time after the return CHAP. 142. of elongation, produce the body of the plaintiff in court, the court Proceedings, if shall deliver the plaintiff from imprisonment, upon his giving to the plaintiff be prodefendant such bond as is before directed to be taken by the officer, when the plaintiff is delivered by him; and, for want of the bond, he shall stand committed to abide the judgment on the writ for replevying the plaintiff. SECT. 16. When the body of the plaintiff is produced, as men- Same subject. tioned in the last section, the suit shall be tried in the manner before mentioned. 2 Mass. 207. SECT. 17. Either party may appeal to the supreme judicial Appeal, and court, in like manner as in common civil actions, and, in case of an proceedings. appeal from any order or judgment upon the writ of reprisal, the whole case in the original writ for replevying the plaintiff, shall be carried up to the supreme judicial court, and shall there be disposed of, as it should have been in the district court. writ. SECT. 18. The writ of replevin may be sued out by any per- A third person son in behalf of the plaintiff, without any express power for that may sue out the purpose, he giving bond, as before mentioned, when sued by the 1821, 66, § 5. plaintiff himself. CHAPTER 143. OF WRITS OF ERROR AND CERTIORARI. SECT. 1. How WRITS OF ERROR may issue. SECT. 8. Effect thereof, in other criminal 2. Execution not to stay, unless bond be given. 3. Bond to be approved. 4. Filing of bond, and effect thereof. 6. Proceedings, on writs of error. cases. 9. Provision for keeping plaintiff in 12. Costs, on applications, or on final 13. Limitation of applications for cer- ror may issue. SECTION 1. Writs of error, in civil cases, may issue of course How writ of erout of the supreme judicial court, in vacation as well as term time; and shall be returnable to the same court. SECT. 2. No writ of error shall operate to stay or supersede execution in any civil action, unless the plaintiff in error, or some person in his behalf, shall give bond to the defendant with one or more sureties, with condition that the plaintiff shall prosecute his suit to effect, and shall pay and satisfy such judgment as shall be rendered thereon. 6 Mass. 4. Execution not SECT. 3. The sufficiency of the sureties, and the sum for which Bond to be apthe bond shall be given, shall be determined by any judge of the proved. supreme judicial court, or by the clerk from whose office the writ of error is issued, according to such general rules, as the court may, from time to time, establish. CHAP. 143. Filing of bond, and effect thereof. Costs to pre- 18 Pick. 417. Proceedings, on Writs of error, in capital cases. Effect thereof, in other criminal cases. SECT. 4. When such bond shall be given, it shall be filed in the clerk's office, for the use of the defendant; which shall be deemed a delivery of the bond; and no execution shall be thereafter issued on the judgment, complained of, during the pendency of the writ of error; and, if execution shall have been already issued, the clerk shall make out and sign a certificate of the issuing of the writ of error, and the filing of the bond; and, after notice of such certificate to the officer holding the execution, all further proceedings thereon shall be stayed. SECT. 5. The prevailing party on a writ of error, in any civil action, shall, in all cases, be entitled to his costs against the adverse party; and, if the judgment is affirmed, the court shall adjudge to the defendant in error damages for his delay, not less than at the rate of six per cent., nor exceeding twelve per cent. a year, on the amount recovered by the former judgment; and, in such case, they may also, in their discretion, award double costs to the defendant. SECT. 6. The proceedings upon writs of error, as to the assignment of errors, the scire facias to the defendant, and the pleadings and judgments, and all other matters not herein provided for, shall be according to the course of common law, as modified by the practice and usage in this state, and such general rules as may be made by the supreme judicial court. SECT. 7. No writ of error, upon a judgment for any capital offence, shall issue, unless allowed by one of the justices of the supreme judicial court, after notice given to the attorney general or other attorney for the state. SECT. 8. Upon all other judgments in criminal cases, writs of error shall issue of course; but they shall not stay or delay the execution of the sentence or judgment, unless they shall be allowed by a justice of the supreme judicial court, with an express order thereon, for a stay of all proceedings on such judgment or sentence. SECT. 9. When a stay of proceedings shall be ordered, as prokeeping plain- vided in the preceding section, the judge may, at the same time, stay of proceed- make such order as the case may require, for the custody of the plaintiff in error, or for letting him to bail; or the party may, upon a writ of habeas corpus, procure his enlargement upon giving bail, if entitled thereto. Provision for tiff in error, on ings. Limitation of writs of error. Writs of certio- 8 Greenl. 292. 15 Pick. 234. Costs, on applications, or on final decision. SECT. 10. No judgment in any case shall be reversed or avoided for any error or defect, unless the writ of error thereon be sued out within six years next after the entering up of judgment, or within six years next after this chapter shall become a law; but, if any person entitled to such writ, at the time such title accrued to him, shall be within the age of twenty one years, a married woman, insane, imprisoned, or out of the limits of the United States, then such person, his heirs, executors or administrators may sue out the same, within five years after the removal of the disability aforesaid. SECT. 11. All writs of certiorari, to correct errors in proceedings, that are not according to the course of the common law, shall be issued from the supreme judicial court, according to the practice heretofore established, and subject to such further regulations, as shall be made from time [to time] by the supreme judicial court. SECT. 12. Upon every application for a certiorari, and also on the final adjudication, when a certiorari is granted, the court may, in their discretion, award costs against any party, who shall appear and undertake to maintain or object to the proceeding in question. CHAP. 143. SECT. 13. No such application for a writ of certiorari shall be Limitation of sustained, unless made therefor within six years next after the pro- certiorari. applications for ceeding which is complained of, or within six years after this chapter shall take effect; provided, that the saving clause in the tenth section of this chapter shall apply to this section also. CHAPTER 144. OF THE ACTION OF DOWER. SECT. 1. Right of a widow to sue for dower. SECT. 7. Separate action for damages a 2. Previous demand. Time of bring ing the action. 3. Demand upon a corporation, and 4. Pleadings in such action. 6. Suit to be against tenant of the free- gainst the person, on whom the 8. Writ of seizin, and proceedings 9. Assignment of rents and profits in 10. Recovery of dower by a woman dower. SECTION. 1. When a woman is entitled to dower, and it is not Right of a widset out to her, by the heir, or tenant of the freehold, to her satisfac- ow to sue for tion, according to the intendment of the law, nor assigned to her by the judge of probate, she may recover the same, by a writ of dower, in the manner hereinafter prescribed. 1821, 40, § 1. SECT. 2. She must demand her dower of the person, who is Previous deseized of the freehold at the time of making the demand, if he be mand. Time for bringing the in this state, otherwise, of the tenant in possession, and shall not action. commence her action to recover the same before the expiration of 1821, 40, § 1. one month after making such demand, nor after the expiration of one year from the same time; but this shall not preclude her making a new demand and commencing an action thereon, if an action should not be brought within one year after the first demand. and time for SECT. 3. When any corporation is the tenant of the freehold, Demand upon a she must demand her dower in writing of any officer of such cor- corporation, poration, on whom by law, a writ in a civil action against the same commencing may be served; but she shall not commence her action against such the action. 1839, 363, § 1. corporation before the expiration of sixty days, nor after the expiration of one year from such demand; but a second demand may be made, if necessary, as provided in the preceding section. SECT. 4. In an action of dower, the defendant may plead in abatement, that he is not tenant of the freehold, but not in bar of such action. the action. SECT. 5. If the demandant recovers judgment for her dower, she shall also in the same action recover her damages for the detention thereof. Pleadings in 1839, 363, § 2. Damages for detaining dow er. 1821, 40, § 2. SECT. 6. The action shall be brought against the person, who suit to be a |