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Mainprize

Defined in 1 dictionary — Bouvier (1914)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

A writ of mainprlze lay “where a man is taken for suspicion of felony, or indicted of felony for the which thing by the law he is bailable, and he offers sufficient sureties unto the sheriff or others who have authority to bail him, and he or they do refuse to let him to bail.” This writ and the writ de homine replcgiando were chiefly used to compel the sheriff or other gaoler to release on ball or mainprize. In the former, the person is not in custody at all; in the latter the prisoner is actually in the custody of the person who has given bail for him; 1 Holdsw. Hist. E. L. 96. See De Homine Replegiando; Bail.