Title LV, Proceedings in Special Cases

The service of the writ may be made by any person, by delivering the original to the person to whom it is directed, or, if the person for whom application is made is in prison, by leaving it with the jailer or deputy keeper at the prison, and paying or tendering the sum indorsed …

The person making the service shall keep a copy of the writ, and shall make his return or affidavit of service and of the payment or tender of fees thereon as in other cases, and shall deliver it to the court or justice before whom the writ is returnable, on or before the time of…

The person to whom the writ is directed shall receive it when offered, and, upon payment or tender of the sum indorsed on the writ, if any, shall yield obedience to the command thereof; shall make return thereof to the court or justice, at the time and place therein mentioned; an…

If no time is specified for the return, but the writ is returnable immediately, the return shall be made within three days after the service, unless the prisoner is to be brought more than twenty miles, in which case the return shall be made within so many days more as will be eq…

If the court is not in session when any such writ is made returnable it shall be returned to any justice of the court as if it were issued by and returnable to him.

A justice of the court to whom any such writ is returned may certify and return it, with all things pertaining thereto, to the court, if then sitting; and, at any time before the prisoner is discharged, bailed or remanded, he may adjourn further proceedings on the writ to the cou…

Persons imprisoned upon legal process, civil or criminal, in which the cause of the imprisonment is distinctly expressed, and persons committed by a court or judge of the United States, and where no judge of a court of this state has authority to discharge or to commit to bail, a…

The court or justice may require and take security by recognizance, with sufficient sureties if necessary, for the appearance of any party at the time and place of hearing on any such writ, and to abide the order of court thereon; and may make all decrees necessary to insure the …

Whenever any person is brought before a court or any justice thereof as aforesaid the court or justice shall, within three days thereafter, examine the causes of detention.

If the person imprisoned or restrained is so imprisoned or restrained without sufficient cause or due order of law, he shall be discharged; but if otherwise he shall be remanded.

If the person is committed for a bailable offense the court or justice may bail him by ordering him to recognize, with sufficient surety or sureties, in a reasonable sum, for his appearance at the court having cognizance of the offense, and shall certify the recognizance into the…

If the person is imprisoned or restrained by order of a justice, or of any court or authority other than the supreme or superior court or a justice thereof, for contempt, the proceedings in the order and the cause thereof may be revised, and the order affirmed, modified or revers…

If an officer having the custody of a prisoner, on payment or tender of his fees therefor, shall not, within 12 business hours after demand made, deliver to the prisoner a true copy of the warrant or process by which he is holden in custody he shall forfeit to the party aggrieved…

If a person to whom a writ of habeas corpus is directed refuses to receive it, or conceals himself or avoids, so that the writ cannot be delivered to him, or, after the receipt thereof, and payment or tender of expenses when required as aforesaid, he refuses or neglects to yield …

If a person makes a false return to any such writ he shall be liable to the action of the party aggrieved, and also to any action at common law for false imprisonment or unlawful restraint.

The court or justice awarding any such writ, or to whom it is returned, may punish every disobedience to the order thereof as for a contempt, and may compel obedience thereto by process of attachment.

Application for the writ shall be made to the superior court in the county in which the person is imprisoned, by a person so imprisoned or restrained, or by some person in his behalf.

No person enlarged by habeas corpus shall again be imprisoned or restrained of his liberty for the same cause, unless he shall be indicted therefor, or convicted thereof, or shall neglect to appear according to his recognizance, or to find bail when required thereto; and if an of…

All actions and prosecutions for any offense against the provisions of this chapter shall be begun within two years next after the commission of the offense, saving to all persons in prison the right to sue or prosecute at any time within two years after such impediment is remove…

The right of action in any such case shall not cease by the death of either party, but shall survive for and against the personal representatives of the deceased.

The application shall be in writing, signed by the applicant, and under oath, and shall state the place where the person is supposed to be imprisoned or restrained of his liberty, and by whom; and a copy of the warrant or precept, if any, under which he is confined shall be annex…

If by such copy it appears that the person is lawfully imprisoned or restrained of his liberty by virtue thereof, a writ of habeas corpus shall not be granted.

If by such copy it appears that the person is imprisoned on criminal process before a magistrate for want of recognizance, and that excessive bail or recognizance is required, the court or justice shall decide what bail is reasonable, and he shall, on giving such bail, be dischar…

If an officer having the custody of any such person by virtue of a precept refuses or delays unnecessarily to deliver to the applicant an attested copy of the precept, on demand, the court or justice, on proof by affidavit of the applicant or other credible witness of the demand …

The form of writ may be substantially as follows: THE STATE OF NEW HAMPSHIRE .......... ss. To: .......... [L. S.] We command you that the body of .......... , in our prison, under your custody detained [or, by you imprisoned and restrained of his liberty, as the case may be], as…

The writ, when awarded by the court, shall be under the seal of the court, shall bear teste of the chief or senior justice who is not a party, and shall be signed by the clerk; when awarded by a justice of the court it shall be under his hand and seal.

The word grant in this chapter includes all grants or charters of lands made by the supreme executive or legislative power of the state, and all acts of incorporation and laws giving to individuals powers or rights not common to all citizens.

If it is found by the jury or by the court that the conditions of the grant have not been performed the grantee may in writing allege reasons why the forfeiture ought not in equity to be enforced, and the court, upon consideration thereof, shall determine whether, in equity and g…

If they decide that such decree ought not in equity to be made the judgment shall be that the grant is not forfeited, for the reasons in equity assigned, and that the grantee pay the costs of suit.

If they decide that the decree of forfeiture ought to be made the judgment shall be that the grant is forfeited.

Whenever such judgment is rendered on information filed in behalf of the state the clerk shall, within thirty days, transmit to the secretary of state attested copies of the judgment, and all papers in the case, which shall be filed in his office and laid before the general court…

Whenever judgment is rendered that a grant of land is forfeited the grantee may file in writing a claim for improvements made by him on the land, and move to be heard thereon.

The question whether improvements have been made, the value thereof and the value of the land at the time of the entry of the grantee, shall be determined upon equitable principles by the court or a jury, at the election of the grantee.

If improvements are found a decree shall be made that the state or petitioner pay to the grantee the value thereof, or such part of the value as the court may deem equitable, or that the grantee pay to the state or petitioner the value of the land before the improvements were mad…

The decree in such case may be in the alternative, that the grantee pay the value of the land, or that the value of the improvements be paid to him, at his election; and in all cases it may prescribe the time, mode and conditions of payment, as may be equitable.

If the grantee fails to fulfill the decree according to its terms, upon scire facias to him, a final decree shall be made that his claim is forfeited, and a writ of possession shall issue thereon.

If the defendant prevails in the suit he shall recover his costs of the person by whom it is prosecuted, unless authorized to prosecute the same in behalf of the state.

The word grantee in this chapter includes the person or corporation to whom a grant is made, and all persons having the right of such person or corporation therein.

Whenever a grant is adjudged forfeited the grantee is divested of all rights, powers and privileges under it; and it shall be thenceforth void.

Any grant may be adjudged forfeited for the non-performance of any condition annexed to or contained therein, whether such condition be expressed or implied.

Proceedings for obtaining a decree of the forfeiture of such grant may be by information, filed in the superior court by the attorney-general or other person authorized in behalf of the state; or, if the claim is by an individual for the forfeiture of a grant of land, by his peti…

The petitioner shall file with the clerk a bond to the state, in a reasonable sum, with sufficient sureties, conditioned to pay all costs which may be adjudged against him.

If the land to which the proceedings relate is in different counties the proceedings may be in either, and the summons upon the information or petition shall be that the grantee appear and show cause why the grant should not be decreed forfeited.

Service of the petition or information and order may be made as required in actions begun by writ of summons. If such service is not practicable, service may be made by publication, or in such other manner as the court may order.

If the grantee does not appear upon such service or notice, the court shall hear the evidence, and adjudge whether the grant is forfeited.