Mainprise

Mainprise

Mainprise is a concept in English law regarding the release of a prisoner from custody upon sureties pending trial. It is nearly identical to the concept of bail and has been absorbed into the laws regulating bail in many jurisdictions. When they were distinguished, bail was not restricted in the type of surety upon which a prisoner could be released, while mainprise always involved a specified sum of money. A prisoner released on bail was still technically in custody and could be re-seized, while one delivered on mainprise was no longer in custody and could not have suits brought against him as though he were.[1]

References

  1. ^ Matthew Hale, Historia Placitorum Coronae (London, 1736), 124–25. Google Books

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  • Mainprise — Main prise, n. [F. main hand + prise a taking, fr. prendre, p. p. pris to take, fr. L. prehendere, prehensum.] (Law) (a) A writ directed to the sheriff, commanding him to take sureties, called mainpernors, for the prisoner s appearance, and to… …   The Collaborative International Dictionary of English

  • Mainprise — Main prise, v. t. [imp. & p. p. {Mainprised}; p. pr. & vb. n. {Mainprising}.] (Law) To suffer to go at large, on his finding sureties, or mainpernors, for his appearance at a day; said of a prisoner. [1913 Webster] …   The Collaborative International Dictionary of English

  • Mainprise — (engl., spr. Mehnpreis), die Freilassung eines Verhafteten gegen die persönliche Bürgschaft eines Andern …   Pierer's Universal-Lexikon

  • Mainprise — (mehnpreis), engl., die Freilassung eines Verhafteten gegen die persönliche Bürgschaft eines anderen …   Herders Conversations-Lexikon

  • mainprise — I. ˈmānˌprīz noun ( s) Etymology: Middle English meinprise, from Anglo French, from mainprendre to accept surety, from Old French main hand (from Latin manus) + prendre ( …   Useful english dictionary

  • mainprise — main·prise …   English syllables

  • mainprise — In old English law, the delivery of a person into the custody of mainpernors (q.v.). Also the name of a writ (now obsolete) commanding the sheriff to take the security of mainpernors and set the party at liberty. Mainpernors differ from bail in… …   Black's law dictionary

  • mainprise — In old English law, the delivery of a person into the custody of mainpernors (q.v.). Also the name of a writ (now obsolete) commanding the sheriff to take the security of mainpernors and set the party at liberty. Mainpernors differ from bail in… …   Black's law dictionary

  • mainprise — A writ directed to the sheriff, either generally, when a man was imprisoned for a bailable offense, and bail had been refused, or specially, when the offense or cause of commitment was not properly bailable below, commanding him to take… …   Ballentine's law dictionary

  • writ of mainprise — writ of mainprize, or mainprise /rit av meynprayz/ In English law, a writ directed to the sheriff (either generally, when any man is imprisoned for a bailable offense and bail has been refused, or specially, when the offense or cause of… …   Black's law dictionary

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