Title 12, Title 12: Court Procedure

§ 3476. Rights of bail—Bailpiece in bastardy proceedings When a surety recognizes before a Superior judge, for the appearance before the Superior Court of a person charged with being the father of a bastard child, the officer making the arrest upon the warrant shall deliver to su…

§ 3477. Warrant thereon Upon presentation of a bailpiece to a Superior judge, such magistrate shall issue to the surety a warrant directed to any sheriff or constable in the State, commanding him to assist such surety in apprehending the principal. (Amended 1965, No. 194, § 10, e…

§ 3478. Use of warrant When he has occasion to arrest the principal, a surety may use such warrant to surrender him in court in discharge of his bail on the original process or upon scire facias or to secure him until a term of the court in which he may be surrendered for that pu…

§ 3479. Commitment of principal The officer apprehending the principal may commit him to jail in the county in which he was arrested on the original process or in the county in which the process is pending, agreeably to the direction in the warrant. Such commitment shall be consi…

§ 3482. Principal delivered in bastardy proceedings A surety on the recognizance in a bastardy complaint may deliver the principal into court in discharge of his recognizance before the principal is adjudged to be the father of such bastard child and the court has made an order c…

§ 3483. Commitment of principal When the principal is delivered into court under section 3482 of this title, the court shall order him committed to jail, unless he enters into a recognizance before the court, with sufficient sureties, in the sum fixed by the order of the judge, c…

§ 3484. Surety may have warrant A surety in a recognizance taken by a Justice of the Supreme Court, a judge of a Superior Court, or a clerk of the Supreme or Superior Court, may make written application to the authority taking the recognizance for a warrant to apprehend the princ…

§ 3521. Imprisonment for debt abolished No person shall be arrested or imprisoned on mesne process. No person shall be arrested or imprisoned on an execution or by other means to enforce a judgment in any civil action for money damages. Notwithstanding the provisions herein, the …

§ 3571. Place of commitment When a person authorized to serve process is required by law to commit a person to jail, such commitment shall be in the county where the arrest is made, unless otherwise required by law. If there is not a legal jail in the county, the commitment shall…

§ 3572. Manner of commitment The officer committing a prisoner shall deliver him or her to the keeper of the jail, within the same, and give the keeper an attested copy of the process on which the commitment is made, with his or her return thereon.

§ 3574. Penalty for not delivering copy An officer who does not within six hours deliver a true copy of the warrant or process by which he or she detains a prisoner, to a person who demands such copy and tenders the fees therefor, shall forfeit to such prisoner $200.00, to be rec…

§ 3577. Privilege from arrest (a) The Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts, Attorney General, and members of the General Assembly and officers and witnesses whose duty it is to attend thereon, in all cases except treason, felony,…

§ 3578. Pleading privilege from arrest (a) When a person is privileged from arrest on execution so informs the officer at the time the arrest is made and claims his or her privilege, the giving of a jail bond shall not be deemed a waiver thereof but the facts shall be sufficient …

§ 3579. Detaining public carrier to make arrest; penalties (a) An officer who has a writ of execution or criminal process for the arrest of a person whom he or she has reason to believe is on a public carrier may notify the operator of the carrier thereof. The operator shall ther…

§ 3580. Escapes—Jailer to keep prisoner The keeper of a jail shall safely keep a prisoner committed to his or her custody until discharged from imprisonment.

§ 3581. Liability for escapes Such keeper shall be liable for escapes made from such jail.

§ 3582. County answerable if jail insufficient When an escape is made in consequence of the insufficiency of the jail, without negligence of the keeper, either in keeping the prisoner or repairing the jail, the county shall be answerable to such keeper for the costs and damages h…

§ 3585. Defense and recovery in action on escape In an action for an escape, such keeper may prove the circumstances attending the same and the circumstances and property of the prisoner when he or she escapes. The creditor shall recover only the reasonable damages which he or sh…

§ 3689. Application for discharge; hearing; oath When the petition is granted, after the time fixed by the court or justice, the prisoner may apply to the commissioners of jail delivery in the county for a discharge from imprisonment. After giving notice to the opposite party bef…

§ 3690. Effect of discharge Upon taking such oath, the prisoner shall be discharged as other persons are discharged upon taking the poor debtor’s oath, and shall thereafter be free from arrest or imprisonment upon an execution issued upon any judgment rendered in such bastardy pr…