Social:De homine replegiando
From HandWiki
De homine replegiando (literally "personal replevin") is a legal remedy used to liberate a person from unlawful detention on bail, "with a view try the question of the validity of the law under which he is held in confinement."[1]
It is the oldest common law freedom writ.[2]
Procedure
The writ is "of common right, and may be issued as of course.” [3] Once issued, a judicial order is directed to a sheriff or a deputy ordering the replevy of the prisoner on In exchange for security that they will reappear for a proceeding challenging their detention.[4]
Etymology
The French word replegiando or “revendication” is derived from the Latin word replegiare meaning "pledge back."
References
- ↑ Elkison v. Deliesseline, 8 F. Cas. 493 (US Court of Appeals Aug., 1823) (""The writ de homine replegiando, having for its object the discharge of the prisoner on bail, with a view to try the question of the validity of the law under which he is held in confinement, is of common right, and may be issued as of course"").
- ↑ Wise, Steven (2007). "The Entitlement of Chimpanzees to the Common Law Writs of Habeas Corpus and de Homine Replegiando". Golden Gate U. L. 37. http://digitalcommons.law.ggu.edu/ggulrev/vol37/iss2/1.
- ↑ Elkison v. Deliesseline, 8 F. Cas. 493 (US Court of Appeals Aug., 1823) (""The writ de homine replegiando, having for its object the discharge of the prisoner on bail, with a view to try the question of the validity of the law under which he is held in confinement, is of common right, and may be issued as of course"").
- ↑ Elkison v. Deliesseline, 8 F. Cas. 493 (US Court of Appeals Aug., 1823) (""The writ de homine replegiando, having for its object the discharge of the prisoner on bail"").
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