De homine replegiando

De homine replegiando (literally "personal replevin") is a legal remedy used to liberate a person from unlawful detention on bail, "with a view to 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."^[1] Once issued, a judicial order is directed to a sheriff or a deputy ordering the replevy of the prisoner in exchange for security that they will reappear for a proceeding challenging their detention.^[1]

Etymology

The French word replegiando or “revendication” is derived from the Latin word replegiare meaning "pledge back."

References

^ ^a ^b ^c Elkison v. Deliesseline, 8 F. Cas. 493 (US Court of Appeals August 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.

[court-1] Elkison v. Deliesseline, 8 F. Cas. 493 (US Court of Appeals August 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"").

[2] Wise, Steven (2007). "The Entitlement of Chimpanzees to the Common Law Writs of Habeas Corpus and de Homine Replegiando". Golden Gate U. L. 37.

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