Title XXXVI — STATUTORY ACTIONS AND TORTS

532.470. The order of discharge. — If it appear that any person brought before a court under this chapter is entitled to be discharged, the court shall make an order, in writing, commanding those who have such person in custody to discharge him forthwith, and shall also deliver t…

532.480. Court to fix amount of bail, when. — If the prisoner be held to answer for a bailable offense, the court shall determine in what sum bail shall be given, and shall cause the prisoner to enter into a recognizance, with sufficient sureties, which recognizance shall be take…

532.490. Judge or clerk to take recognizance, when. — Upon the production of such order to any judge or clerk of a court of record, he shall be authorized to take the recognizance, with sufficient sureties, in the sum directed, conditioned for the appearance of the prisoner at th…

532.500. Prisoner remanded, when. — If a prisoner be not entitled to his discharge, and be not bailed, the court before whom the proceedings are had shall remand him to the custody or place him under the restraint from which he was taken, if the person under whose custody or rest…

532.510. When prisoner remanded or bailed, evidence to be returned. — When any prisoner shall be let to bail or remanded, all examinations and documents which shall have been produced by the officer or person making the return shall be redelivered to him, the testimony of witness…

532.520. Custody of prisoner between return and judgment. — Until judgment be given upon the return, the court before whom the party shall be brought may either commit such party to the custody of the sheriff of the county in which the proceedings are had, or place him in such ca…

532.530. Order of discharge, how enforced. — Obedience to any order for the discharge of a prisoner, granted pursuant to the provisions of this chapter, may be enforced by the court granting such order, by attachment, in the same manner as herein provided in cases of failure to m…

532.540. Officer discharging prisoner, not liable. — No sheriff or other person shall be liable to any civil action for obeying any order of discharge, made according to the provisions of this chapter; and if any action shall be brought against him for suffering any person commit…

532.550. Person discharged cannot be again imprisoned — exceptions. — No person who has been discharged, by the order of any court or associate circuit judge, upon a writ of habeas corpus issued pursuant to this chapter, shall be again imprisoned, restrained or kept in custody fo…

532.560. Officer refusing to obey writ, proceedings. — If the officer, or person upon whom the writ of habeas corpus shall be duly served, shall refuse or neglect to obey the same, by producing the party named in the writ, and making a full and explicit return to such court, with…

532.570. Officer or person to be committed. — On such person being so brought, he shall be committed to close custody, in the jail of the county in which the court or officer shall be, until he shall comply with such writ, and obey any order that may be made by such court or offi…

532.580. When sheriff in contempt, coroner shall serve. — If the delinquent be a sheriff, the attachment may be directed to any coroner, or other person to be designated therein, who shall have full power to execute the same; and such sheriff, upon being brought up, may be commit…

532.590. Custody of prisoner granted officer holding attachment for derelict officer. — The court by whom such attachment shall be awarded may also issue a precept to the same sheriff, or other person to whom such attachment shall be directed, commanding him to bring forthwith be…

532.600. Officer having attachment may invoke aid, when. — In the execution of such writs of attachment and precept, or either of them, the sheriff or other person to whom they shall be directed may call to his aid the power of the county, as is provided by law in the execution o…

532.630. Penalty for refusing copy of process. — Any officer or other person having the custody of any prisoner committed on any civil or criminal process, who shall refuse to give such prisoner a copy of the process, order or commitment, by virtue of which the person is held or …

532.640. Penalty for failing to obey and make return to writ. — If any officer or other person, upon whom a writ of habeas corpus shall be duly served, shall neglect or refuse to obey the same, by producing the party therein named, and making a full and explicit return to the wri…

532.650. Penalty for concealing prisoner. — Any person having in his custody, or under his power, any person for whose relief a writ of habeas corpus shall have been issued, or who would be entitled to a writ of habeas corpus to inquire into the cause of his detention, who shall,…

532.660. Penalty for rearresting party after discharge. — Everyone who, knowing that any person has been discharged by competent authority on a habeas corpus, shall, contrary to the provisions of this chapter, arrest such person again for the same cause, shall be deemed guilty of…

532.670. Aiding in violation of sections 532.650 and 532.660, misdemeanor. — Every person who shall knowingly aid or assist in the violation of section 532.650 or 532.660 shall be deemed guilty of a misdemeanor. ­­-------- (RSMo 1939 § 1652) Prior revisions: 1929 § 1488; 1919 § 1…

532.680. Punishment. — Every person convicted of a misdemeanor under the provisions of this chapter shall be punished by fine or imprisonment, or both, in the discretion of the court in which he shall be convicted, but such fine shall not exceed one thousand dollars, nor such imp…

532.690. Right of action to survive. — The right of action for the penalties declared by this chapter to be incurred, and to be paid to the party aggrieved, shall not cease by the death of either party, but such penalty may be sued for and recovered by the executor or administrat…

532.700. Recovery of penalty no bar to civil action. — The recoveries of any of the penalties under the provisions of this chapter shall be no bar to a civil action for damages. ­­-------- (RSMo 1939 § 1655) Prior revisions: 1929 § 1491; 1919 § 1941; 1909 § 2506

532.710. This chapter, how construed. — The several provisions contained in this chapter shall be construed to apply, so far as may be applicable, and except where otherwise provided, to every writ of habeas corpus authorized to be issued by any statute of this state. ­­-------- …

533.010. Action to recover specific personal property, procedure. — If the plaintiff claim in his petition the possession of specific personal property, he may, at the time of filing his petition, or at any other time afterward, before the rendition of judgment in the cause, file…

533.020. Order of delivery. — Upon filing such affidavit, the court, or judge or clerk in vacation, shall make an order requiring the defendant to deliver the property specified in the affidavit to the sheriff, and requiring the sheriff, if the same be not delivered to him, to ta…

533.030. Plaintiff to deliver bond before property can be taken — types of bonds authorized, requirements. — 1. The sheriff shall not receive or take such property until the plaintiff shall deliver to him a bond, executed by two or more sufficient sureties, approved by the sherif…

533.040. Sheriff to take and deliver property to plaintiff unless bond given. — Upon such bond being executed as aforesaid, the sheriff shall receive the property, or, if the same be not delivered, shall take the property and deliver it to the plaintiff, unless, before such deliv…

533.050. Qualifications of sureties. — Each of the sureties in such bonds must be a resident and householder or freeholder within the state; they must be worth the amount for which the bond is given, exclusive of property exempt from execution, and after paying all debts. ­­-----…

533.060. Defendant not entitled to retain property, when. — If the plaintiff shall state in the affidavit made by him, as provided by section 533.010, that the property was wrongfully taken, and that his right of action accrued within one year, the defendant shall not be entitled…

533.070. Bonds taken by sheriff, filed with clerk, when. — All bonds taken by the officer in virtue of the provisions of sections 533.010 to 533.230, relating to the claim and delivery of personal property, shall be filed with the clerk on or before the first day of the term of c…

533.080. Plaintiff — new bond ordered by court, when — failure to comply with order — procedure. — If the court should, at any time before trial, be satisfied that the bond of the plaintiff shall not be good and sufficient, an order shall be made that the plaintiff give a new bon…

533.090. Defendant — new bond ordered by court, when — failure to comply with order — procedure. — If the court should in like time be satisfied that the bond of the defendant shall not be good and sufficient, a like order shall be made that the defendant give a new bond, with go…

533.100. When order in sections 533.080 and 533.090 is made, duty of clerk. — When any such order shall be made as provided for in sections 533.080 and 533.090, the clerk shall, without delay, deliver to the proper officer an order for the retaking and delivery of such property t…

533.110. Plaintiff — failure to prosecute his suit after obtaining property — value of property — assessment. — If the plaintiff fail to prosecute his action with effect and without delay, and shall have the property in his possession, and the defendant in his answer claims the s…

533.120. Judgment rendered against plaintiff and his sureties, when. — In such case, the judgment shall be against the plaintiff and his sureties, that he return the property taken, or pay the value so assessed, at the election of the defendant, and, also, pay the damages assesse…

533.130. If plaintiff has not property, assessment of damages. — If the plaintiff has not the property in possession, damages shall be assessed as directed in section 533.110, for the taking or detention, or both, as the case may be, of the property; and judgment shall be rendere…

533.140. If defendant fails in his defense — assessment of damages. — If the defendant fail in his defense, and have the property in possession, the court or jury shall assess the value of the property, and the damages for all injuries to the property, and for the taking and dete…

533.150. Party to elect, when. — A party shall not be required to make such election until the property is delivered to the sheriff, on the proper process, and the party have notice thereof. ­­-------- (RSMo 1939 § 1802) Prior revisions: 1929 § 1638; 1919 § 2086; 1909 § 2651

533.160. Duty of officer if property not delivered in ten days. — If such property be not delivered to the officer within ten days after process issued, he shall levy and make the assessed value thereof, the damages and costs, of the property of the party against whom the process…

533.170. Title of property vested, when. — In such case, the party's right to the property shall not be impaired by levying the assessed value thereof on the property of the other party and his sureties, or either of them; but if the property be delivered to the sheriff, and the …

533.180. Enforcement of orders. — The court may enforce all orders for the delivery of property as other orders of court are enforced. ­­-------- (RSMo 1939 § 1805) Prior revisions: 1929 § 1641; 1919 § 2089; 1909 § 2654

533.190. Suit on bond, how and by whom brought. — If in any case it shall become necessary to sue upon any bond given in virtue of sections 533.010 to 533.230, the same may be done by civil action against the obligors, jointly or severally, in the name of the party to whom the bo…

533.200. Right of action against sheriff barred, when. — After the due execution of any bond taken in virtue hereof, the parties to the action shall be barred of any right of action against the sheriff, or other officer, for the seizure and delivery of such property. ­­-------- (…

533.210. Court to allow charges for taking and delivering property. — The court shall allow the proper officer reasonable charges for the taking and delivery of property, as provided herein. ­­-------- (RSMo 1939 § 1808) Prior revisions: 1929 § 1644; 1919 § 2092; 1909 § 2657

533.220. Sheriff and sureties liable, when. — If the sheriff, or other officer, fail to take or return a bond, as required by law, or if the bond taken is adjudged insufficient at the term next after the same was taken, and be not made sufficient as herein provided, he and his su…

533.230. Issuance of execution — to whom directed. — An execution may issue for the delivery of personal property to the sheriff of the county where the property is situate, and shall require him to deliver possession of the same, sufficiently describing it, to the party entitled…

533.240. Replevin — who may hear. — Circuit judges may hear and determine all actions brought for the recovery of specific personal property. Associate circuit judges may hear and determine without special assignment or transfer all actions brought for the recovery of specific pe…

533.250. Value of property governs jurisdiction. — The value of the property, as set forth in the statement and affidavit, shall fix the monetary amount so far as the value is concerned which governs whether the case may be heard and determined by an associate circuit judge witho…

534.010. What entries deemed lawful. — No person shall enter upon or into any lands, tenements or other possessions, and detain and hold the same, but when entry is given by law, and then only in a peaceable manner. ­­-------- (RSMo 1939 § 2831) Prior revisions: 1929 § 2445; 1919…

534.020. Forcible entry and detainer defined. — If any person shall enter upon or into any lands, tenements or other possessions, with force or strong hand, or with weapons, or by breaking open the doors or windows or other parts of a house, whether any person be in it or not, or…