§5546. Habeas corpus for mentally ill person
When a mentally ill person is arrested or imprisoned on mesne process or execution in a civil action, a Justice of the Supreme Judicial Court or of the Superior Court or the judge of probate within his county, on application, may inquire into the case; issue a writ of habeas corpus; cause such person to be brought before him for examination; and after notice to the creditor or his attorney, if either is living in the State, and a hearing, if it is proved to the satisfaction of said justice or judge that the person is mentally ill, he may discharge him from arrest or imprisonment; and the creditor may make a new arrest on the same demand when the debtor becomes of sound mind. If he is arrested on the same demand a 2nd time before he becomes of sound mind and is again discharged for that reason, he is forever after exempt from arrest for the same cause.
Structure Maine Revised Statutes
TITLE 14: COURT PROCEDURE -- CIVIL
14 §5502. Post-conviction habeas corpus (REPEALED)
14 §5503. Jurisdiction; commencement of proceedings; petition; amendments (REPEALED)
14 §5504. Contents of petition (REPEALED)
14 §5505. Further pleadings and procedure (REPEALED)
14 §5506. Counsel for indigent petitioners (REPEALED)
14 §5507. Waiver of grounds not claimed; effect of prior petition of coram nobis or error (REPEALED)
14 §5508. Review of final judgment; release pending appeal (REPEALED)
14 §5509. Minors in armed forces entitled to writ
14 §5510. Parent or guardian of minor may have writ
14 §5511. Application for writ on behalf of another
14 §5514. Where writ returnable; entry of judgment
14 §5515. Application; denial of writ
14 §5517. Refusal of copy of precept; writ granted
14 §5519. Time of service, return and tender of fees
14 §5520. Production of body of restrained person; sickness
14 §5521. Examination of causes of restraint
14 §5522. Notice to interested persons before discharge
14 §5523. Proceedings in court
14 §5524. Detention for bailable offense; admission to bail (REPEALED)
14 §5525. Form of writ if restraint not by officer
14 §5526. Issuance and service of writ
14 §5527. Designation of unknown person; restraining person
14 §5528. -- restrained person
14 §5530. Verification of returns
14 §5532. Neglect of officer to deliver copy of precept
14 §5533. Failure to serve writ; contempt
14 §5534. Attachment against sheriff; service
14 §5535. Refusal to obey writ
14 §5536. No rearrest after discharge
14 §5537. Transfer of prisoner with intent to elude service; penalty
14 §5538. Penalty no bar to action
14 §5539. Third person may appear by stipulating for costs
14 §5540. Bail; exceptions (REPEALED)
14 §5541. Bail commissioners appointed by the court (REPEALED)
14 §5542. Bail for persons committed for not finding sureties (REPEALED)
14 §5543. Surety bonds authorized in criminal cases
14 §5544. Admission to bail before commitment; on Lord's Day (REPEALED)
14 §5545. Habeas corpus for prisoner as witness
14 §5546. Habeas corpus for mentally ill person
14 §5547. Orders to ensure the integrity of the judicial process (REPEALED)