Maine Revised Statutes
Chapter 609: HABEAS CORPUS
14 §5546. Habeas corpus for mentally ill person

§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

Maine Revised Statutes

TITLE 14: COURT PROCEDURE -- CIVIL

Part 6: EXTRAORDINARY WRITS

Chapter 609: HABEAS CORPUS

14 §5501. Right to writ

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 Post-conviction habeas corpus (REPEALED)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 Jurisdiction; commencement of proceedings; petition; amendments (REPEALED)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 Contents of petition (REPEALED)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 Further pleadings and procedure (REPEALED)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 Counsel for indigent petitioners (REPEALED)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 Waiver of grounds not claimed; effect of prior petition of coram nobis or error (REPEALED)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 Review of final judgment; release pending appeal (REPEALED)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 §5512. Writ not available

14 §5513. Application

14 §5514. Where writ returnable; entry of judgment

14 §5515. Application; denial of writ

14 §5516. Excessive bail

14 §5517. Refusal of copy of precept; writ granted

14 §5518. Form of writ

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 Detention for bailable offense; admission to bail (REPEALED)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 §5529. Form of return

14 §5530. Verification of returns

14 §5531. Custody of party

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)